GIFT  OF 

James  Edward  Rogers 


TEXT  BOOK 


CIVIL    GOVERNMENT 


THE    UNITED    STATES. 


BY 


GEORGE    H.    MARTIN, 

TEACHER  OP  HISTORY  AND  CIVIL  POLITY 

IN 

THE  STATE  NORMAL  SCHOOL, 
BBIDGEWATEB,  MASS. 


EDITION  FOR  THE  WESTERN   STATES. 


PUBLISHED  BY 

A.    S.    BARNES    AND    COMPANY, 

NEW  YORK  AND  CHICAGO. 


Entered  according  to  Act  of  Congress,  in  the  year  1875,  by 

GEORGE  H.  MARTIN, 
in  Uie  Office  of  the  Librarian  of  Congress,  at  Washington. 


-o 


f 


PREFACE. 


THE  attention  of  teachers  is  invited  to  the  five  distinctive 
features  of  this  book :  — 

1.  Its  /w/Z  statement  of  principles.     A  knowledge  of  these 
principles  will  be  found  of  value  not  only  in  studying  our 
own  institutions,  but  also  in  studying  ancient  and  modern 
history.     They  furnish  a  standard  by  which  to  test  the  vari- 
ous governments  that  have  existed,  and  often  explain  the 
influence  that  those  governments  have  exerted. 

2.  Its  comprehensive  plan,  embracing  the  state,  count}', 
chy,  and  town  organizations,  as  well  as  that  of  the  United 
States.     As  every  citizen  takes  part  more  directly  in  the 
local  administration  than  in  that  of  the  general  government, 
he  needs  to  understand  the  powers  and  relations  of  the  state 
and  municipal  governments. 

3.  Its  historical  method.     The  endeavor  has  been  to  show 
not  only  what  our  free  institutions  are,  but  why  they  are,  by 
tracing  their  development  from  germs  in  the  early  English 
constitution  through  the  colonial  and  revolutionary  periods 
of  our  own  history. 

4.  Its  topical  arrangement.    The  teacher  will  find  this  a 


887342 


4  PREFACE. 

help  in  assigning  lessons ;  and  the  scholar,  in  studying  and 
remembering  them. 

5.  Its  omission  of\  details.  A  school  text-book  on  this 
subject  should  not  be  a  compendium  of  political  statistics, 
nor  an  office-hol(Jtet'fe'^iiiBe,'l«if  ja; pitmen's  manual. 

Experience  has  shown  that  }X>ung  men  and  women  from 
fifteen  to  twenty  j-ears  of  age  may  become  deeply  interested 
in  the  study  of  civil  polity  if  the  teacher  is  interested,  and 
knows  his  subject.  The  best  results  in  knowledge  and  disci- 
pline are  attained  by  making  the  class  exercise  one  of  discus- 
sion, rather  than  of  mere  recitation.  It  is  not  intended  that 
the  chapters  on  the  colonial  governments  should  be  committed  ; 
but  read  in  the  class-room,  and  compared,  and  a  summary 
made  of  their  general  features.  Every  school  should  have 
among  its  reference  books  a  copy  of  the  General  Statutes,  the 
Acts  and  Resolves  of  the  Legislature,  and  a  Law  Dictionary. 

As  Parts  III.  and  IV.  of  the  book  are  themselves  summaries 
of  the  constitutions  of  the  State  and  the  United  States,  sum- 
maries at  the  end  of  the  chapters  are  omitted. 

BRIDGEWATKR,  August,  1875 


CONTENTS. 


PART  I. 

PRINCIPLES   OP   CIVIL   GOVERNMENT. 

CHAPTER  I.                                            FAGH 
DEFINITION  OF  TERMS 11 

CHAPTER  H. 
SOURCE  OF  AUTHORITY  IN  THE  STATE 15 

CHAPTER  III. 
THE  GOVERNMENT:  ITS  FUNCTIONS  AND  DEPARTMENTS    .        .       .19 

CHAPTER  IV. 

FORMS    OF    GOVERNMENTS,  AND  MEANS    BY    WHICH    THEY  ARE 
LIMITED 24 

CHAPTER  V..      . 
OBLIGATIONS  OF  THE  GOVERNMENT 31 

CHAPTER  VI. 
OBLIGATIONS  OF  THE  GOVERNMENT,  CONTINUED       ....       40 

CHAPTER  VII. 
NATURE  AND  DUTIES  OF  CITIZENSHIP  ...  ...    46 


CONTENTS. 

PART  II. 

CIVIL   GOVERNMENT   IN   THE    STATES   BEFORE   THEIR 
INDEPENDENCE  . 


CHAPTER  Vm.  PAGE 

ESTABLISHMENT  OF  CIVIL,  RELIGIOUS,  AND  POLITICAL  LIBERTY 

IN  ENGLAND      ...........       55 

CHAPTER  IX. 
THE  COLONY  OF  NEW  PLYMOUTH  ........    72 

CHAPTER  X. 
THE  COLONY  OF  MASSACHUSETTS  BAY       .       ...       .       .       81 

CHAPTER  XI. 
THE  COLONIES  OF  CONNECTICUT  AND  RHODE  ISLAND.       .       .       .91 

CHAPTER  XTL 
THE  COLONIES  OF  NEW  HAMPSHIRE  AND  MAINE     ....       99 

CHAPTER  XIIL 
THE  NEW  ENGLAND  CONFEDERACY        .....       .       .106 

CHAPTER  XIV. 

THE  COLONIES  OF  NEW  YORK  AND  NEW  JERSEY    ....      Ill 

CHAPTER  XV. 
THE  COLONIES  OF  PENNSYLVANIA,  DELAWARE,  AND  MARYLAND     .  121 

CHAPTER  XVI. 
THE  SOUTHERN  COLONIES      .........      130 

CHAPTER  XVH. 
THE  DECLARATION  OF  INDEPENDENCE    .  140 


CONTENTS.  7 

PART    III. 
STATE   GOVERNMENTS. 

CHAPTER  XVHI.  PAOB 

ESTABLISHMENT  OP  STATE  GOVERNMENTS  .       .       •  149 

CHAPTER  XTX. 
THE  LEGISLATIVE  DEPARTMENT 154 

CHAPTER  XX. 
THE  EXECUTIVE  DEPARTMENT 164 

CHAPTER  XXT. 
THE  JUDICIAL  DEPARTMENT 171 

CHAPTER  XXTL 
COUNTIES 189 

CHAPTER  XXIIL 
TOWNSHIPS,  CITIES,  AND  VILLAGES 194 

CHAPTER  XXIV. 
ELECTIONS  AND  NOMINATIONS;  ORDINANCE  OF  1787        .       .       .     20Q 

PART   IV. 

THE   CONSTITUTIONAL   GOVERNMENT   OF  THE   UNITED    STATES. 

CHAPTER  XXV. 
THE  HISTORY  OF  THE  UNION  BEFORE  THE  CONSTITUTION       .       .     227 

CHAPTER  XXVI. 
THE  ORIGIN  AND  OBJECTS  OF  THE  CONSTITUTION    ....     237 


8  CONTENTS. 

CHAPTER  XXVII.                                      PAGE 
THE  LEGISLATIVE  DEPARTMENT 243 

CHAPTER  XXVIH. 
THE  EXECUTIVE  AND  JUDICIAL  DEPARTMENTS 251 

CHAPTER  XXTX. 
THE  POWERS  OF  CONGRESS 258 

CHAPTER  XXX, 
THE  POWERS  AND  DUTIES  OF  THE  PRESIDENT 276 

CHAPTER  XXXT, 
PROVISIONS  RESPECTING  STATES 286 

CHAPTER  XXXH. 
RELATION  OF  NATIONAL  AND  STATE  GOVERNMENTS       .  293 


DECLARATION  OF  INDEPENDENCE 302 

CONSTITUTION  OF  THE  UNITED  STATE* 306 


PART  I. 
PRINCIPLES  OF  CIVIL  GOVERNMENT. 


GIVE  GOVERNMENT  IN  THE  UNITED  STATES. 


CHAPTER  I. 

DEFINITION  OF   TEEMS. 

THE   word  "  govern "    is  derived  from  the  Latin 

gubernare.  meaning  to  steer,  to  pilot,  and 

Government, 
then  to  guide,  direct,  control.    To  govern, 

therefore,  is  to  control,  and  government  is  control. 
Thus  the  divine  government  is  the  control  exercised 
by  the  Creator  over  his  creatures.  Family  government 
is  the  control  exercised  by  the  head  of  a  family  over  its 
members.  School  government  is  the  control  exercised 
by  the  teacher  over  the  members  of  the  school.  When 
a  pilot  would  guide  his  vessel  from  one  port  to  another, 
he  must  know  what  courses  he  may  take,  he  must 
choose  one  of  these,  and  he  must  have  the  means  of 
compelling  the  ship  to  take  this  course.  These  three 
things  —  intelligence,  will,  and  power  —  are  necessary 
to  all  control,  and  therefore  to  all  government. 

When  the  controlling  will  expresses  its  choice,  says 
what  it  would  have  done,  this  expression 
becomes  a  rule  of  action  for  the  governed, 

to  be  followed  until  there  is  a  new  and  different  choice 

11 


12       CIVIL  GOVERNMENT   IN   THE   UNITED  STATES. 

expressed:  This  expression  of  the  controlling  will  is  a 
law  ;  and  government  is  control  exercised  by  means  of 
the  establishment  and  enforcement  of  laws.  Thus  a 
father  chooses  to  have  his  children  rise  at  a  certain 
hour  in  the  morning,  and  retire  at  a  certain  hour  in  the 
evening.  He  tells  them  plainly  what  he  would  have 
them  do  ;  and  this  expression  of  his  will  becomes  a  law 
of  the  family,  and  remains  so,  without  a  new  expres- 
sion, until  he  chooses  to  set  aside  the  rule. 

But  the  mere  expression  of  the  will  may  not  insure 
control.     The  child  needs  to  feel  that  he 
must  obey.     This  feeling  can  come  only 
when  a  penalty  is  connected  with  disobedience.     This 
penalty  consists  in  the  infliction  of  pain  in  one  form  or 
another.     Thus  the  father  says  that  the  child  who  dis- 
obeys the  rule  shall  lose  a  part  of  his  play-hour.     But 
saying  this  will  do  no  good,  unless  the  child  is  sure 
that  the  father  will  do  as  he  says.     There  must  be  a 
certainty  that  the  penalty  will  be  inflicted. 

The  difference  between  civil  government  and  the 
others  mentioned  above  is  indicated  in  the 
meaning  of  the  word  "  civil."  This  is 
derived  from  the  Latin  civilis,  —  pertaining  to  citizens  ; 
and  a  citizen  is  a  member  of  a  state  or  nation.  The 
following  definition  of  a  state  is  nearly  complete :  * 
"  A  state  is  a  community  of  persons  living  within  cer- 
tain limits  of  territory,  under  a  permanent  organiza-, 
tion,  which  aims  to  secure  the  prevalence  of  justice  by 
self-imposed  laws."  Some  would  insert  after  "justice," 
"  and  otherwise  promote  the  common  weal." 

If  we  examine  this  definition,  we  see  that  the  state 
does  not  consist  of  those  who  directly  exercise  power,  — • 

*  Woolsey's  International  Law. 


DEFINITION  OF  TERMS.  13 

not  the  king,  not  Congress,  not  those  who  vote,  —  but 
all  the  people,  a  community.  The  definition  excludes 
wandering  tribes  of  men,  and  all  corporations,  which 
have  no  limits  of  territory,  and  whose  object  is  not 
justice. 

If  all  the  laws  of  the  state  are  self-imposed,  that  is,  if 
there  is  no  power  outside  its  body  of  peo- 
ple which  dictates  to  it  in  any  way,  the 
state  is  said  to  be  sovereign.  This  word  does  not  admit 
of  comparison :  one  state  cannot  be  more  sovereign 
than  another ;  and  a  small  state,  in  this  respect,  stands 
on  an  equality  with  a  large  one.  The  sovereignty  of  a 
state  consists  in  the  absolute  right  to  control  its  own 
members,  and  in  the  absolute  right  to  resist  any  inter- 
ference in  its  affairs  by  any  other  state.  The  first  of 
these  rights  constitutes  its  internal  sovereignty  ;  the 
second,  its  external  sovereignty.  From  these  state- 
ments it  will  be  seen  that  Boston  is  not  a  state,  that 
Massachusetts  is  not  a  sovereign  state.  The  United 
States  is  a  sovereign  state  or  nation.  Great  Britain 
and  Russia  are  both  sovereign  states. 

Having  now  defined  a  state,  we  are  prepared  to 
define  civil  government  as  control  by  law  exercised  by 
the  state  over  its  members  as  such. 

SUMMARY. 

1.  Government  is  control. 

2.  Intelligence,  will,  and  power  are  necessary  to  gov- 
ernment. 

3.  Laws  are  expressions  of  the  controlling  will,  which 
become  rules  of  action  for  the  governed. 

4.  A  law,  to  secure  control,  must  be  accompanied 
by  a  penalty,  and  a  certainty  that  the  penalty  will  be 
inflicted.  9 


14       CIVIL  GOVERNMENT   IN   THE  UNITED   STATES. 

5.  A  state  is  a  community  of  persons  living  within 
certain  limits  of  territory,  under  a  permanent  organiza- 
tion, which  aims  to  secure  the  prevalence  of  justice  by 
self-imposed  laws. 

6.  A  sovereign  state  is  one  in  which  all  the  laws  are 
self-imposed. 

7.  Civil  government  is  control  by  law,  exercised  by 
a  state  over  its  members. 


CHAPTER  II. 

SOURCE  OF  AUTHORITY  IN  THE  STATE. 

THE  question  naturally  arises,  What  right  has  the 
state  to  control  me  ?  Why  may  not  I  do  as  I  please  ? 
To  answer  this  question,  we  must  learn  how  the  state 
comes  to  exist. 

The  members  of  the  state  are  human  beings,  and 
they  are,  therefore,  social  beings.  They  Necessity  of 
are  created  with  a  nature  which  only  the  Society 
society  of  fellow-beings  can  satisfy.  They  are  made  to 
love  and  hate  and  fear ;  and  they  must  have  those  near 
them  upon  whom  to  exercise  these  feelings.  They 
have  thoughts,  and  language  to  express  them ;  and 
they  must  be  with  those  who  can  understand  their  lan- 
guage, and  respond  to  their  thoughts. 

If  a  man  lives  alone,  all  these  human  faculties-  become 
dwarfed  and  stunted  for  want  of  exercise ;  and  he  is 
not  so  much  of  a  man  as  he  might  have  been.  All 
experience  shows  that  the  highest  degree  of  manhood 
can  be  attained  only  in  society,  and  that  out  of  it  man 
grows  brutish.  A  life  of  solitude,  like  that  of  a  .hermit, 
always  seems  unnatural  and  undesirable.  There  are 
stories  of  human  beings  who  have  been  exposed  in 
infancy,  and  have  grown  up  among  the  brutes ;  and  they 
are  found  to  have  lost  the  human  likeness.  They  walk 

15 


16       CIVIL   GOVERNMENT   IN   THE   UNITED   STATES. 

upon  their  hands  and  feet ;  their  language  consists  of 
inarticulate  cries  and  noises ;  they  are  afraid  of  men. 
Instead  of  human  reason,  they  have  only  the  instinct 
of  the  brute.  Centuries  ago,  Aristotle  wrote,  "  Who- 
ever lives  voluntarily  out  of  civil  society  must  have  a 
vicious  disposition,  or  be  an  existence  superior  to  man." 
Society,  then,  is  a  necessity  to  man,  both  for  his  preser- 
vation and  for  his  happiness. 

But  there  are  two  causes,  either  of  which  would  make 
Government  society  a  failure.  Men  are  selfish,  as  well  as 
a  Necessity.  social.  Every  man  has  a  disposition,  more 
or  less  strong,  to  have  his  own  way;  and  these  ways 
necessarily  conflict  with  each  other.  If  the  strongest 
should  succeed,  the  weak  would  suffer.  Hence  quarrels 
would  arise,  and  society  would  become  a  scene  of  strife 
and  confusion ;  and  the  very  thing  which  was  designed 
to  preserve  human  life,  and  be  a  means  of  good  to  men, 
would  come  to  be  a  source  of  evil. 

When  men  come  together  in  society,  they  have  com- 
mon wants,  which  they  cannot  satisfy  as  individuals. 
For  instance,  the  common  defence  must  be  provided  for ; 
roads  and  bridges  must  be  built ;  money  must  be  coined. 
Men  afte  not  only  selfish,  but  they  differ  in  ability  to  judge 
wisely ;  and  it  would  be  impossible  for  all  to  agree  as 
to  the  best  time  and  way  of  doing  these  things.  They 
would,  therefore,  remain  undone. 

To  remedy  these  two  evils,  society  must  organize 
itself  permanently,  first,  to  control  the  evil  inclined  and 
protect  the  weak;  and  then  to  devise  and  carry  out 
plans  for  the  common  necessity  and  convenience. 
Society  so  organized  is  a  state,  and  the  control  which  it 
exercises  is  civil  government.  The  origin  of  this  is 
evident.  It  is  a  necessity  of  society,  and  society  is  a 
necessity  of  man's  nature. 


SOURCE  OF  AUTHORITY   IN  THE   STATE.  17 

We  are  now  prepared  to  answer  the  question  as  to  the 
authority  of  the  state.  Since  civil  govern-  Authority 
ment  is  necessary  in  order  that  the  ends  from  God. 
for  which  society  exists  may  be  secured,  and  since  these 
ends  are  determined  by  the  nature  of  man  as  created,  it 
follows  that  government  comes  from  God,  and  that  the 
state  derives  its  authority  from  him. 

Men  in  society  find  themselves  under  a  law  of  their 

nature  which    bids    them    organize    and 

A      .  , ,  Duty  of  Society, 

govern.     As  in  every  other  case,  they  are 

free  to  obey  or  disobey,  being  answerable  only  to  God, 
who  has  made  the  law.  But  if  they  disobey  they  suffer 
the  consequences.  They  have  no  security  for  life  and 
property ;  virtue  and  intelligence  are  wanting ;  vice  and 
crime  prevail :  in  a  word,  they  are  savages  ;  and  sooner 
or  later  they  become  the  prey  of  some  society  which  has 
better  fulfilled  the  end  of  its  creation.  All  history  is 
full  of  illustrations  of  this  truth.  Our  own  Indian 
tribes  bear  witness  that  men  cannot  violate  this  first 
duty  of  society  with  impunity. 

Government,  therefore,  is  a  trust  committed  to  society 
by  the  Creator ;  and  society  must  not  only  Government  a 
accept  the  trust,  but  it  is  responsible  for  Trust, 
the  way  in  which  it  executes  it.  It  is  in  duty  bound 
to  have  the  best  possible  government ;  though  what 
this  shall  be,  it  may  determine  for  itself. 

STJMMABY. 

1.  Men  are  social  beings ;  therefore  society  is  a  neces- 
sity. 

2.  Men  are  selfish,  and  differ  in  opinion;    therefore 
government  is  necessary. 


18       CIVIL  GOVERNMENT  JN  THE  UNITED  STATES. 

3.  The  state  derives  its  authority  from  God. 

4.  Society  is  under  a  law  requiring  it  to   establish 
government. 

5.  Civil  government  is  a  trust  for  which  society  is 
responsible  to  God. 


CHAPTER  III. 

THE     GOVERNMENT  :     ITS     FUNCTIONS     AND     DEPART 

MENTS. 

IN  the  preceding  chapter,  we  have  seen  that  govern- 
ment is  a  trust  committed  to  the  state.  The  object  of 
the  present  chapter  is  to  show  by  what  agencies  the 
state  fulfils  this  trust.  In  all  cases  society  vests  its 
powers  in  a  portion  of  its  members. 

Those  persons,  more  or  less  numerous,  who  directly 
exercise  control  over  the  members  of  the  The  Govern- 
state,  constitute  the  government  thereof.  ment- 
Thus,  in  the  United  States,  the  President  and  all  offi- 
cers under  his  control,  Congress,  and  the  courts  of 
justice,  together  form  the  government. 

It  is  necessary  to  fix  carefully  in  the  mind  the  dis- 
tinction between  the  state  and  the  govern- 
ment.    The  former  is  the  whole  body  of 


people  organized  for  the  purpose  of  con-  eminent  and 
trol  ;  the  latter  is  that  part  of  the  whole 
body  through  which  the  control  is  exercised.  The  state 
is  supreme:  the  government  is  subordinate.  The  right 
to  control  rests  primarily  with  the  state;  secondarily, 
with  the  government.  All  powers  belong  to  the  state, 
being  given  by  the  Creator  :  whatever  power  the  govern- 
ment may  have  it  receives  from  the  state.  The  govern- 
ment may  change  :  the  state  remains. 

19 


20       CIVIL  GOVERNMENT   IN  THE  UNITED   STATES. 

The  state  is  responsible  to  God ;  the  government,  to 
the  state.  This  is  the  meaning  of  the  expression  in  the 
Declaration  of  Independence,  that  governments  derive 
their  just  powers  from  the  consent  of  the  governed. 

As  to  the  way  in  which  they  have  come  to  possess 
Authority  how  these  powers,  governments  may  be  divided 
obtained.  fafo  two  classes:  first,  those  to  which  the 

people  have  made  formal  grants  of  specified  and  limited 
authority;  second,  those  which  hold  their  powers  by 
the  tacit  consent  of  the  state.  It  is  probable,  that,  in 
the  early  history  of  the  world,  all  governments  were  of 
the  latter  class.  Sometimes  a  single  man,  having,  in 
a  superior  degree,  the  elements  of  control,  physical 
strength  and  skill,  courage,  and  sagacity,  came  to  be 
recognized  by  a  simple  pastoral  people  as  having  au- 
thority over  them.  He  became  their  leader  in  war,  and 
their  judge  in  times  of  peace.  It  was  likely  that  his  chil- 
dren would  share  with  him  the  respect  and  confidence  of 
the  people,  and  in  their  turn  become  rulers.  Thus,  in 
a  simple  way,  hereditary  kingship  would  come  to  exist. 

In  many  cases,  power  has  been  seized  by  force,  and 
the  people,  finding  resistance  useless,  have  yielded  to 
the  usurpation.  Succeeding  generations  have  forgotten 
that  the  government  was  not  legitimate,  and  have  suf- 
fered its  authority  to  be  unquestioned. 

There  are  many  states  now  existing,  in  which  this 
process  has  been  going  on  for  hundreds  and  thousands 
of  years  ;  one  individual  after  another  assuming  control, 
until  the  people  fail  to  recognize  their  own  rights  and 
their  own  responsibility.  Such  are  Russia,  Turkey,  and 
the  states  of  Asia.  Most  of  the  governments  of  Europe, 
and  all  those  of  America,  are  illustrations  of  the  first 
class. 


ITS   FUNCTIONS   AND  DEPARTMENTS.  21 

Since  to  govern  is  to  control  by  law,  the  functions  of 
the  government  are,  to  make  laws,  to  in-    Functions  and 
terpret  and  apply  them,  and  to  execute     Departments, 
them ;  and  these  functions  call  for  three  departments, 
— legislative,  judicial,  and  executive. 

The  relation  of  these  departments  to  each  other  may 
be  shown  by  an  illustration.  The  legisla-  BeiationofDe- 
tive  department  may  make  a  law  saying  that  Partments' 
no  person  shall  pasture  his  own  cattle  on  another  man's 
land,  and  affix  a  penalty  thereto.  John  Smith  is  accused 
of  pasturing  his  horse  in  his  neighbor's  field,  and  thereby 
violating  law.  Justice  requires,  that,  if  guilty,  he  shall 
be  punished.  The  question  of  his  guilt  is  decided  by  the 
judicial  department.  He  is  brought  before  a  court, 
where  he  may  deny  the  act  charged,  or,  admitting  it, 
plead  that  the  word  "  cattle  "  in  the  law  does  not  include 
horses.  In  the  latter  case,  the  first  business  of  the  court 
is  to  explain  the  law.  If  the  decision  is  that  horses  are 
cattle,  the  act  charged  being  admitted,  then  the  law 
applies  to  Smith,  and  the  penalty  must  be  inflicted.  A 
mandate  is  issued  by  the  court  to  an  executive  officer,  who 
proceeds  to  carry  out  the  sentence  by  imprisoning  the 
man,  or  by  collecting  money  from  him  as  a  fine. 

This  case  may  be  used  to  illustrate  another  most  im- 
portant principle.  After  the  court  has  decided  that  the 
word  "  cattle "  includes  horses,  it  becomes  a  law  that 
no  man  shall  pasture  his  horse  on  another's  land.  -If  a 
similar  case  arises,  it  is  only  necessary  to  refer  to  this 
decision  ;  it  becomes  a  precedent  for  judgment. 

Thus  it'  appears  that  the  courts  of  justice  are  all 
the  time  making  law.  In  fact,  much  the  £,aws  maae 
larger  part  of  all  the  rules  and  principles  by  Courts. 


22       CIVIL  GOVERNMENT   IN  THE  UNITED   STATES, 

that  guide  the  administration  of  justice  in  any  state  is 
established,  not  by  the  legislative  department,  but  by 
the  judiciary. 

This  difference  in  origin  gives  rise  to  a  division  of  law 
Into  two  great  departments, — statute  law,  and  law  that 
te  not  statute,  included  by  writers  on  the  subject  under 
<Jhe  term  unwritten  law. 

Statute  law  includes  all  enactments  made  by  legis- 
lative bodies,  and  promulgated  by  them 
•Statute  Law.  ,  ^  £       '    ,    £    J 

as  laws.     These   are    formed  from   time 

to  time,  as  circumstances  make  them  necessary.  In 
process  of  time  some  become  useless,  and  are  repealed, 
or  changed,  or  they  remain  on  the  statute-book  without 
force.  In  order  to  simplify  this  mass  of  laws,  they  are 
sometimes  revised,  arranged  in  a  systematic  form,  and 
adopted  in  a  body,  as  comprising  all  the  statute  law  in 
force  at  the  time.  The  so-called  General  Statutes  of 
Massachusetts  and  other  States  are  illustrations  of  this 
process. 

The  unwritten  law  consists  of  all  those  judicial  decis- 
ive Unwrit-  ions  which  have  become  authoritative 
ten  Law.  through  all  the  periods  of  the  nation's 

history.  This  branch  of  law  is  a  gradual  growth,  keep- 
ing pace  with  the  development  of  the  people's  civiliza- 
tion. 

As  new  relations  come  to  exist  in  society,  new  cases 
are  constantly  coming  before  the  courts-  for  adjustment. 
In  the  absence  of  statutes,  the  courts  must  establish 
principles,  which  come  to  have  all  the  force  of  laws. 
The  chief  difference  between  them  and  statutes  is,  that 
the  legislative  department  may  at  any  time  make  laws 
which  shall  set  them  aside.  Statutes  covering  the 
same  ground  are  always  superior  to  the  unwritten  law. 


ITS  FUNCTIONS   AND  DEPARTMENTS.  23 

The  term  "  common  law,"  as  used  in  England  and 
the  United  States,  includes  all  that  por- 
tion of  the  unwritten  law  of  England  that 
has  not  been  set  aside  by  statutes,  or  by  more  recent 
decisions. 

SUMMARY. 

1.  The  government  of  a  state  consists  of  those  mem- 
bers who  directly  exercise  control  within  it. 

2.  The  government  is  subordinate  to  the  state,  re- 
ceiving its  authority  from  it,  and  being  responsible  to  it. 

3.  Governments  have  derived  their  authority  from 
the  state  in  two  ways :  first,  by  formal  grants  ;  second, 
by  tacit  consent. 

4.  There  are  three  departments  of  government :  the 
legislative,  which  makes  the  laws ;  the  judicial,  which 
interprets  and  applies  them ;  the  executive,  which  puts 
them  into  operation. 

5.  Laws  are  made  by  the  courts  of  justice,  as  well  as 
by  the  legislature. 

6.  Laws  made  by  the  legislature  are  called  statutes ; 
all  others  are  included  in  the  term  "  the  unwritten 
law." 


CHAPTER    IV. 

FOKMS    OF    GOVERNMENTS,     AND     MEANS     BY     WHICH 
THEY  ARE  LIMITED. 

THE  following  forms  of  governments  have  been 
described  by  writers  upon  the  subject :  — 

An  Absolute  Monarchy  is  a  government  in  which  the 
Absolute  laws  are  made  by  one  person,  and  inter- 

Monarchy,  preted  and  executed  by  officers  responsible 
only  to  him.  Examples  :  Russia,  Turkey,  China. 

A  Limited  Monarchy  is  a  government  in  which  there 
Limited  Mon-  *s  an  hereditary  executive,  and  a  legislative 
archy.  department  whose  members  are  chosen 

periodically  by  the  people,  the  judiciary  being  responsi- 
ble directly  to  the  sovereign.  Examples:  England, 
Sweden  and  Norway,  Denmark.  Rarely,  in  such  gov- 
ernments, the  sovereign  is  elected. 

A  Representative  Democracy,  or  Republic,  is  a  gov- 
ernment in  which  both  the  chief  executive 
and  the  members  of  the  legislative  depart- 
ment are  chosen  periodically  by  the  people.  The  judi- 
ciary may  be  appointed  by  the  executive,  or  be  elected 
by  the  people.  Examples :  United  States,  Mexico,  States 
of  Central  America. 

A  government  in  which  the  whole  body  of  people 
meet  to  make  the  laws  is  sometimes  called 
a  Pure  Democracy.  This  is  possible  only 

24 


FORMS   OF    GOVERNMENTS.  25 

in  a  small  state.     The  government  of  some  of  the  early 
English  colonies  in  America  was  of  this  sort. 

There  have  been  states  in  which  all  the  functions 

of  government  were  in  the  hands  of  a  few 

,  ,„  .    .     ,         01  Other  Forms, 

people,   self-appointed.      Such    a   govern- 
ment is  an  Oligarchy.     If  a  class  of  nobles  rules  the 
state,  the  government  is  called  an  Aristocracy. 

Some  governments  combine  several  different  features. 
Thus,  in  the  government  of  England,  the  executive 
department  represents  the  monarchy.  The  legislative 
department  consists  of  two  bodies,  one  aristocratic,  the 
other  republican.  In  most  states,  the  legislature  con- 
sists of  two  bodies  ;  in  others,  of  one. 

These  various  forms  may  be  divided  into  two  classes, 
—  absolut-e,  and  limited.  In  a  certain  Absolute  Gov- 
sense,  no  government  now  existing  is  ernments. 
really  absolute.  In  all  so  called  absolute  governments 
there  are  immemorial  customs  which  restrict  the  sov- 
ereign in  the  exercise  of  power,  and  each  ruler  follows  in 
the  steps  of  his  predecessor.  If  his  people  are  at  all 
intelligent,  he  will  not  dare  to  make  radical  changes. 
But  there  is  no  way  to  call  him  to  account  except  by  re- 
bellion, and  history  shows  that  nations  will  submit  to 
oppression  for  a  long  period  rather  than  take  up  arms 
against  the  established  government. 

An  absolute  government  may  furnish  civil  liberty  to 
its  subjects,  and  may  do  much  to  promote  their  happi- 
ness ,  but,  at  any  time,  a  different  man  may  come  into 
power,  and  anarchy  or  oppression  ensue.  There  is 
no  security  beyond  the  present.  For  this  reason,  such 
a  government  cannot  be,  in  the  highest  sense,  a  good 
one,  though  it  may  be  the  best  possible  under  the  cir- 
cumstances: indeed,  it  may  be  the  only  form  possible 
over  a  rude,  lawless  people.  3 


26        CIVIL  GOVERNMENT   IN  THE   UNITED   STATES. 

Since   the   possession   of  power  creates  a  desire  for 

more,  the  tendency  of  all  governments  is 
Constitutions.  f  ,,  ,  T,  , 

away  from  the  people.  It  becomes  neces- 
sary for  a  state  which  values  its  welfare,  to  impose  some 
restraints  upon  its  government.  It  must  express  its 
will  definitely,  and  hold  the  government  answerable  as 
subject  to  law.  This  law  by  which  the  state  controls 
the  government  is  its  constitution.  It  usually  specifies 
the  rights  of  the  people,  which  the  government  is  to 
respect ;  states  how  the  departments  shall  be  constituted, 
thus  fixing  the  form  of  the  government ;  enumerates  in 
detail  the  functions  of  each  ;  provides  a  mode  of  calling 
the  government  to  account,  and  of  making  needed 
changes;  prescribes  the  manner  in  which  the  will  of 
the  state  shall  be  expressed ;  and  makes  provision  for 
changing  the  constitution  itself. 

Thus  the  constitution  of  the  United  States  asserts  the 
rights  of  the  people ;  says  that  there  shall  be  a  Presi- 
dent, a  Congress  of  two  houses,  and  certain  courts  of 
justice ;  gives  to  the  President  power  to  pardon,  to  act 
as  commander-ih-chief  of  the  army  and  navy,  and  to 
execute  the  laws ;  gives  Congress  powers  over  finance, 
territory,  and  commerce ;  fixes  the  term  of  office  of  all 
members  of  the  government ;  states  who  shall  vote, 
and  how  the  constitution  may  be  amended. 

It  will  be  seen  that  the  constitution  becomes  the 
fundamental  law  of  a  state,  and  that  all  others  must 
accord  with  it.  If  they  do  not,  they  are  void.  This 
question  of  constitutionality  of  laws  is  usually  decided 
by  the  judicial  department,  never  by  the  citizen. 

Constitutions  are  of  two  kinds.  Some  are  written 
Written  Con-  instruments  drawn  up  and  adopted  at  one 
stitutions.  time,  either  by  the  people  for  themselves 


FORMS    OF   GOVERNMENTS.  27 

when  establishing  a  new  form  of  government,  as  in  the 
United  States ;  or  by  the  existing  government,  as  in  the 
case  of  Austria,  which,  after  the  exercise  of  arbitrary 
power,  wished  to  conciliate  the  discontented  people  of 
Hungary. 

Others  are  unwritten,  having  no  distinct,  definite 
form,  but  consisting  of  all  legislative  acts,  ^written  Con- 
royal  grants,  and  judicial  decisions,  by  stitutions. 
which  at  any  time  the  form  of  the  government  has  been 
established,  and  by  which  the  rights  of  the  people  are 
guaranteed,  and  the  powers  of  the  government  restricted. 
Such  is  the  British  constitution,  which  has  been  growing 
into  its  present  form  for  a  thousand  years.  It  bears  the 
marks  of  all  the  social  and  political  changes  which  have 
succeeded  each  other  during  the  rule  of  Saxon,  Norman, 
and  English  sovereigns.  In  another  place  the  develop- 
ment of  this  constitution  will  be  noticed. 

The  unwritten  constitution  is  open  to  the  objection 
that  it  may  be  changed  by  the  government  itself,  and 
thus  cease  to  express  the  people's  will.  Thus  a  certain 
parliament  changed  its  term  of  office  from  three  to 
seven  years,  thereby  prolonging  its  power,  and  prevent- 
ing a  new  expression  of  the  people's  will.  In  the 
United  States,  with  its  written  constitution,  such  a 
change  could  only  be  made  by  the  people. 

How  shall  the  government  be  made  to  obey  the  con- 
stitution, so  that  it  may  be  effective  to  pre-  checks  upon  the 
vent  arbitrary  rule  ?  This  is  done  in  two  Government, 
ways.  Usually,  the  departments  are  so  constituted  that 
each  acts  as  a  check  upon  the  other.  Thus  in  the  United 
States,  the  President  must  approve  all  bills  passed  by  a 
majority  in  Congress,  before  they  can  become  laws. 
The  Senate  must  consent  to  all  treaties,  and  to  all  im- 
portant appointments  made  by  the  President.  Without 


28       CIVIL   GOVERNMENT   IN  THE   UNITED   STATES. 

such  consent  they  are  not  valid.  The  judges  are  ap- 
pointed by  the  President  and  Senate,  and  they  decide 
upon  the  constitutionality  of  laws  made  by  Congress. 
If  either  branch  of  the  government  attempts  to  violate 
the  constitution,  the  others  may  in  this  way  prevent  it. 

But  the  most  effective  way  of  preventing  the  exercise 
Limitation  of  °^  unconstitutional  authority  is  by  limit- 
Term.  jng  the  term  of  office  of  the  members  of 
the  government.  At  the  expiration  of  a  specified  time, 
the  office  becomes  vacant,  and  the  people  are  called 
upon  to  re-fill  it.  They  may  re-appoint  the  former  in- 
cumbent. This  is  a  verdict  of  approval  of  his  adminis- 
tration. If  they  select  a  new  man,  the  act  may  imply 
dissatisfaction.  When  the  people  have  this  power  of 
changing  the  government  at  their  will,  it  becomes  im- 
possible for  any  usurpation  of  authority  to  continue.  It 
is  only  when  men  may  be  re-elected  to  the  same  office 
that  this  limitation  of  term  becomes  a  salutary  check. 
If  they  must  give  up  the  position,  whether  faithful  or 
not,  the  temptation  is  strong  to  use  it  for  selfish  ends. 
The  election  ceases  to  be  a  popular  judgment  upon  the 
character  of  the  administration.  For  this  reason,  the 
principle  of  rotation  in  office  is  one  of  the  most  mischiev- 
ous that  can  guide  the  action  of  an  intelligent  people. 

We  have  described  a  constitution  as  a  formal  expres- 
Expression  of  si°n  of  the  will  of  the  state,  granting  au- 
Popular  Will,  thority  to  the  government ;  and  we  have 
also  said  that  under  limited  governments  the  state  is 
frequently  called  upon  to  pass  judgment  upon  the  ad- 
ministration. It  is  important  to  show  how  the  state 
expresses  its  will.  What  is  the  voice  of  the  people  ? 

The  whole  body  of  people  comprising  the  state  in- 
cludes some  who  are  not  capable  of  judging  wisely 


FOEMS   OF   GOVERNMENTS.  29 

concerning  the  general  good;  to  this  class  evidently 
belong  children  and  imbeciles.  Every  state  is  therefore 
divided  into  two  classes,  —  those  who  have  voters  and 
a  voice  in  public  affairs,  and  those  who  Non-Voters, 
have  not ;"  the  voting,  and  the  non-voting.  The  line 
of  division  varies  greatly  in  different  states.  In  all, 
women  are  included  in  the  latter  class.  Sometimes 
color  is  made  a  ground  of  disqualification  for  voting, 
sometimes  poverty,  sometimes  a  certain  form  of  reli- 
gious belief,  sometimes  the  inability  to  read  and  write. 
In  all  cases  those  who  do  vote  decide  who  may  vote.  In 
every  state,  for  the  non-voting  class  the  government  is 
absolute ;  they  are  responsible  for  it  only  on  the  ground 
of  tacit  consent.  Those  who  have  a  voice  in  the  con- 
duct of  public  affairs  are  said  to  have  political  liberty. 

Voting  is  expressing  a  choice ;  and  it  seldom  hap- 
pens that  a  large  number  of  people  are  Majority 
unanimous  in  their  opinions.  In  case  of  Kule* 
disagreement,  either  the  few  or  the  many  must  give  up 
to  the  others,  or  there  will  be  no  decision.  Justice 
requires  that  the  will  of  the  smaller  number  shall  sub- 
mit to  that  of  the  larger.  Hence  the  common  rule  that 
the  majority  decides. 

It  appears,  therefore,  that,  when  we  speak  of  an 
election  as  expressing  the  will  of  the  state,  we  mean 
that  it  is  the  choice  of  more  than  half  of  the  voting 
population,  submitted  to  by  all  the  others.  This  sup- 
poses that  all  persons  vote  who  can  do  so,  which  is  far 
from  being  the  case.  Thus  in  Massachusetts  the 
returns  give  the  following  figures  :  — 

Population  (1875) 1,651,652 

Voting  class 351,056 

Votes  for  successful  candidate  for  governor     .        .        .  83,639 
3* 


80       CIVIL  GOVERNMENT   IN   THE   UNITED   STATES. 

It  appears  that  only  one  in  twenty  of  the  members  of 
the  State  actually  expressed  a  preference  for  the  gov- 
ernor chosen  in  1875.  In  other  years  a  larger  propor- 
tion of  the  voters  had  voted,  but  seldom  more  than  one 
in  eight  of  the  members  of  the  State.  It  is*  one  of  the 
political  problems  of  the  present  day,  to  provide  some 
means  by  which  a  larger  portion  of  the  people  may  be 
represented  in  the  government. 

SUMMARY. 

1.  The  forms  of  government  that  have  existed  are, 
absolute  monarchy,  limited  monarchy,  republic,  democ- 
racy, aristocracy,  oligarchy. 

2.  Absolute  governments  are  restricted  by  custom, 
but  cannot  be  called  to  account  except  by  rebellion. 

3.  A  constitution  is  a  law  by  which  the  state  controls 
the  government. 

4.  The  constitution  is  the  fundamental  law,  and  all 
others  must  accord  with  it. 

5.  Some  constitutions  are  written  instruments ;  others 
are  without  definite  form. 

6.  The  departments  of  a  government  should  be  able 
to  check  one  another. 

7.  The  authority  of  government  is  limited  by  limit- 
ing the  term  of  service  of  its  members. 

8.  The  whole  body  of  people  in  the  state  is  divided 
into  voters  and  non-voters. 

9.  The  voice  of  a  majority  of  those  who  vote  is  con- 
sidered to  express  the  will  of  the  state. 

10.  This  is  usually  a  very  small  part  of  the  whole 
body. 


CHAPTER  V. 

OBLIGATIONS   OF   THE    GOVERNMENT. 

WE  have  seen  that  the  people  commit  to  a  part  of 
their  number  their  authority,  to  be  used  for  the  com 
mon  good.      We  have  now  to  examine  this   trust  in 
detail,  and  ascertain  what  a  government  should  do  to 
be  a  good  one. 

Its  several  obligations  may  be  classified  in  three  divis- 
ions :  first,  to  secure  justice  to  the  mem- 

c  ,.  T    .  ,,  Three  Duties, 

bers  of  the  state ;  second,  to  promote  the 

general  welfare  ;  third,  to  defend  the  state. 

In  order  to  secure  justice,  it  is  the  duty  of  the  gov- 
ernment to  protect  every  individual,  with-  justice,  how 
out  distinction,  in  the  enjoyment  of  his  secured, 
natural  rights.  These  rights  are  included  under  four 
heads,  —  the  right  of  personal  security,  the  right  of 
personal  liberty,  the  right  of  private  property,  and  the 
right  of  religious  belief  and  worship. 

The  Right  of  Personal  Security  is  the  right  to  enjoy 
life,  body,  health,  and  reputation.  It  personal  Secu- 
means  not  merely  the  right  to  live,  but  to  rit;y- 
live  in  safety  and  tranquillity,  without  fear  and  without 
the  necessity  for  self-defence.  No  greater  reproach  can 
be  brought  against  a  state  than  to  say  that  human  life  is 
not  secure  within  its  territory.  When  deeds  of  vio- 

31 


32       CIVIL   GOVERNMENT    IN   THE   UNITED    STATES. 

lence   and    blood   are   frequent   and    unpunished,    the 
government  fails  to  meet  its  first  great  duty. 

Life  is  rendered  more  secure  by  making  murder  the 
Modes  of  Making  highest  crime  known  to  the  law,  and  pun- 
Life  Secure.  ishable  by  death.  Jf  the  penalty  for  homi- 
cide were  no  greater  than  for  theft,  murder  would  be 
much  more  frequent  than  now.  The  government  shows 
its  regard  for  the  safety  of  human  life  and  limb  by 
the  care  with  which  it  investigates  all  cases  of  loss 
of  life  from  doubtful  causes.  If  a  human  body  ia 
found  under  circumstances  which  make  it 
probable  that  a  crime  has  been  committed, 
an  officer,  under  the  authority  of  the  government,  at 
once  proceeds  to  an  inquiry,  to  learn  the  cause  of 
death,  that  the  guilty  party,  if  there  be  such,  may  be 
brought  to  justice.  If  a  railroad  accident  has  occa- 
sioned loss  of  life,  an  inquest  is  held  to  ascertain  the 
cause  of  the  disaster,  and  to  fix  the  responsibility,  so 
that  justice  may  be  done. 

The  government  also  compels  corporations  to  take  pre- 
Security  of  cautions  for  the  safety  of  their  own  em- 
Traveiiers.  ployees,  and  of  the  public  whom  they  serve. 
Thus  railway  companies  are  obliged  to  have  bells  on 
locomotives,  and  to  have  them  rung  at  highway  cross- 
ings, to  place  signs  over  such  crossings,  and  to  station 
flagmen  at  some  of  them,  to  stop  their  trains  before 
crossing  another  railroad,  to  provide  a  certain  number 
of  brakemen  for  each  passenger  train.  Owners  of 
steamboats  are  required  to  equip  them  with  boats, 
buckets,  life-preservers,  and  all  appliances  by  which  the 
safety  of  passengers  may  be  promoted. 

The  government  maintains  buoys  and  lighthouses, 
and  removes  obstructions  from  harbors  and  rivers  for  the 


OBLIGATIONS   OF   THE   GOVERNMENT.  33 

safety  of  mariners.  It  prohibits  fast  driving  in  public 
streets,  and  stations  officers  to  assist  foot-passengers  over 
crossings.  All  these  provisions  have  the  same  general 
end. 

Nor  is  a  good  government  any  less  mindful  of  the 
health  of  the  people.  It  takes  precautions  Modes  of  Seeur- 
to  prevent  the  spread  of  contagious  dis-  ing  Health. 
eases.  It  appoints  officers  whose  business  it  is  to 
require  cleanliness  in  cities ;  and  it  may  cause  filthy, 
overcrowded,  or  unsafe  houses  to  be  vacated.  It 
restricts  the  sale  of  poisons,  prohibits  the  sale  of  un- 
wholesome food,  and  requires  certain  kinds  of  business 
—  as  powder-making  and  bone-boiling  —  to  be  carried 
on  at  a  distance  from  habitations.  It  supports  hospi- 
tals and  asylums  for  the  comfort  and  recovery  of  the 
sick. 

Next  to  life,  honest  men  value  reputation.    Every  per- 
son has  a  right  to  be  thought  as  well  of  as 
his  character  will  allow.    Therefore  he  may 
demand  protection  against  all  false  and  malicious  ut- 
terances which  tend  to  destroy  his  peace  or  to  injure 
his  business.     Such   utterances,   if  spoken,   constitute 
slander,  and,  if  written   or  printed,   libel ;   and  both 
should  be  punished  by  the  government. 

The  Right  of  Personal  Liberty  is,  primarily,  the  right 
to  go  and  come  without  restraint ;  but  personal  Lib- 
its  meaning  has  been  extended  to  cover  erty- 
freedom  of  speech  and  of  the  press,  the  right  to  as- 
semble peaceably  for  discussion,  the  right  to  petition 
the  government,  and  freedom  from  unreasonable  search 
of  property  and  papers.  It  is  only  within  two  hundred 
years  that  these  last  have  been  considered  natural 
rights,  and  still  in  many  states  they  are  not  allowed. 


34:  CIVIL    GOVERNMENT    IN    THE    UNITED   STATES. 

The  most  important  means  by  which  personal  liberty 
is  directly  secured  to  the  subject  is  the  writ 

Habeas  Corpus.  J  J 

of  habeas  corpus.  This  is  a  written  instru- 
ment issued  by  a  judge  or  court,  directed  to  a  person 
holding  another  in  custody,  commanding  him  to  bring 
the  prisoner  before  the  judge  or  court  at  a  certain  time 
and  place,  to  show  why  he  holds  him.  How  this  operates 
may  be  shown  by  illustrations.  A  minor  enlisted  in  the 
United  States  army  without  the  consent  of  his  parents 
or  guardian,  an  act  which  was  contrary  to  law.  A  judge 
issued  a  writ  of  habeas  corpus  to  the  commanding  officer, 
who,  in  obedience  to  the  summons,  brought  the  boy 
before  the  court,  and  stated  the  manner  of  enlistment. 
The  judge  discharged  the  boy.  A  girl  about  fourteen 
years  of  age  had  been  bound  to  service  in  Canada.  The 
man  whom  she  served  went  with  her  to  Massachusetts, 
where  her  mother  obtained  a  writ  of  habeas  corpus  to 
recover  the  child.  The  man  appeared  before  the  court 
with  the  child,  where  it  was  made  apparent  that  she  was 
well  treated,  and  that  she  preferred  to  remain  with  her 
master.  The  court  refused  to  give  her  to  the  mother. 
In  Boston  the  sheriff  had  arrested  and  imprisoned  a  man 
in  consequence  of  a  suit  concerning  a  partnership  in 
which  he  was  interested.  His  friends  procured  a  writ  of 
habeas  corpus ;  being  brought  before  the  court,  and  his 
case  heard,  he  was  discharged,  on  the  ground  that  the 
circumstances  were  such  that  imprisonment  was  illegal. 

Since  the  officers  of  the  law  may  thus  arrest  and  de- 
tain persons  without  sufficient  cause,  and  so  +he  govern- 
ment itself  infringe  upon  the  liberty  of  its  subjects,  the 
privilege  of  demanding  this  writ  is  considered  one  of  the 
strongest  safeguards  that  a  people  can  have.  More 


OBLIGATIONS   OF   THE   GOVERNMENT.  35 

than  any  other  one  thing  this  marks  the  distinction 
between  a  free  government  and  a  despotism,  and  to 
withdraw  it  is  always  perilous  to  the  liberties  of  the 
people. 

The  Right  of  Private  Property  covers  the  acquiring, 
using,  and  disposing  of  any  thing  that  a  Bight  of  Pri- 
person  may  call  his  own,  including  time  vate  Property, 
and  labor.  This  right  may  be  violated  in  so  many 
ways  that  the  government  has  more  call  to  exercise  its 
control  in  this  direction  than  in  all  others  combined. 
A  man's  property  may  be  stolen,  or  burned,  or  damaged, 
or  taken  from  him  on  false  pretences,  or  borrowed  and 
not  returned.  His  wages,  or  his  interest,  or  his  rents, 
may  not  be  paid ;  and,  if  he  succeed  in  holding  his  own 
while  he  lives,  at  his  death  it  may  be  scattered  beyond 
his  control.  Against  all  these  evils  it  is  the  duty  of 
the  government  to  protect  every  member  of  the  state. 
It  must  guard  his  right  to  labor,  against  all  who  from 
any  motive  would  hinder  him  ;  and  it  must  carry  out 
his  will  as  to  the  disposition  of  his  property  after  his 
death.  That  this  general  right  may  be  secured,  laws 
are  made  respecting  theft,  arson,  and  fraud ;  concern- 
ing corporations,  and  the  relations  of  debtor  and  cred- 
itor, master  and  servant,  landlord  and  tenant ;  laws 
regulating  tenures,  deeds  and  wills;  usury  and  tres- 
pass laws  ;  and  laws  respecting  stocks,  bonds,  and 
notes. 

Religious  liberty,  as  understood  by  the  people  of  the 
United  States,  is  the  right  of  every  indi-  Beligious 

vidual  to  hold  such  form  of  religious  belief  Liberty, 

as  he  chooses,  or  to  have  none  at  all,  and  to  worship  as 
he  pleases,  or  not  at  all.  The  government  is  bound  to 
treat  all  forms  of  belief  alike,  and  to  protect  each  per- 


36       CIVIL  GOVERNMENT   IN   THE   UNITED   STATES. 

son  in  his  own.  Practically,  by  Sunday  laws  and  offi- 
cial and  judicial  oaths,  the  governments  of  most  of  the 
States  of  the  Union  recognize  Christianity ;  but  there  is 
no  restriction  of  civil  or  political  rights  because  of  any 
form  of  belief  or  unbelief. 

In  describing  rights  as  natural,  it  is  meant  that  they 
Natural  ai>c  necessary  to  the  fullest  development  of 

Liberty.  ^he  individual.  His  human  nature  demands 

them  ;  and,  when  free  to  do  so,  he  instinctively  exer- 
cises them.  The  freedom  to  do  so  without  any  restraint 
is  sometimes  described  as  natural  liberty.  This  is  sup- 
posed to  represent  the  condition  of  men  without  society, 
each  person  gratifying  his  inclinations  to  the  fullest 
extent. 

But,  since  every  man  is  born  into  society,  he  is 
Natural  Rights  hedged  about  on  all  sides  by  limitations 
Limited.  to  these  natural  rights.  Natural  liberty  is 

only  an  idea.  A  man  may  do  as  he  pleases  in  any  direc- 
tion, only  as  far  as  he  does  not  interfere  with  the  right 
of  another  man  in  the  same  direction.  Each  separate 
right  that  has  been  spoken  of  is  limited  at  just  this 
point.  I  have  a  right  to  walk ;  but  'l  may  not  walk 
over  my  neighbor's  field  nor  through  his  house  without 
leave.  I  have  a  right  to  acquire,  use,  and  dispose  of 
property  and  time ;  but  I  cannot  get  money  by  fraud, 
nor  keep  what  I  find,  nor  burn  my  house,  nor  spend 
my  time  in  idleness  as  a  vagabond.  I  have  a  right  to 
speak  freely  upon  any  subject  I  choose ;  but  I  cannot 
utter  slander  with  impunity.  I  have  a  right  to  worship 
God  without  restraint  according  to  the  dictates  of  my 
own  conscience ;  but  I  may  not  practise  a  religion 
whose  rites  are  obscene  or  cruel. 

These  natural  rights  are  also  limited  in  another  direc- 


OBLIGATIONS    OF   THE   GOVEBNMENT.  37 

tion.  While  it  is  the  duty  of  the  government  to  pro- 
tect the  individual  in  the  enjoyment  of  his  property,  it 
may  compel  him  to  give  up  a  portion  of  it  for  the  pub- 
lic good.  This  right  of  the  government,  thus  limiting 
that  of  the  subject,  exists  in  two  forms :  first,  as  the 
right  of  taxation ;  second,  as  the  right  of  Bight  of  Taxa- 
eminent  domain.  The  first  is  based  on  the  tion- 
facts,  that  the  administration  of  government  is  for  the 
general  good,  and  that  whatever  benefits  the  whole  bene- 
fits each  member  of  society.  Hence  the  government 
may  require  each  to  bear  his  proportionate  share  of  the 
public  expense.  If  he  refuses  to  do  this,  his  property 
may  be  sold  for  the  purpose. 

Upon  this  subject  Chief  Justice  Marshall  says,  "  The 
power  of  taxing  the  people  and  their  property  is  essen- 
tial to  the  very  existence  of  government,  and  may  be 
legitimately  exercised  on  the  objects  to  which  it  is 
applicable,  to  the  utmost  extent  to  which  the  govern- 
ment may  choose  to  carry  it." 

The  Right  of  Eminent  Domain  allows  the  govern- 
ment to  take  the  private  property  of  an  Right  of  Emi- 
individual,  and  use  it  for  the  public  good,  nent  Domain. 
Thus,  if  a  schoolhouse  is  to  be  built,  the  government 
may  choose  a  site,  and  then  compel  the  owner  to  give 
up  the  land  for  the  purpose.  This  right  differs  from 
that  of  taxation  in  that  it  is  exercised  upon  some  indi- 
viduals, and  not  upon  all ;  and  also  in  that  compensation 
is  rendered  for  the  property  taken,  the  price  being  fixed 
by  disinterested  persons  chosen  for  the  purpose.  The 
government  frequently  exercises  this  right  through  corpo- 
rations. Thus  railway  companies  are  allowed  to  take 
the  land  they  need  along  a  specified  route. 

It  thus  appears  that   personal  rights   are  limited  in 


38        CIVIL   GOVERNMENT   IN   THE   UNITED   STATES. 

two  directions,  —  first,  by  the  rights  of  one's  neighbors; 
second,  by  the  necessities  of  the  state  itself.  The 
free  enjoyment  of  one's  natural  rights,  subject  to  these 

two  limitations,  constitutes  civil  liberty. 
Civil  Liberty.  T,  .  ,.,  ,  ,  , 

It  is  liberty  under  law ;  and  we  are  pre- 
pared to  state,  as  the  first  requisite  of  a  good  govern- 
ment, that  it  shall  furnish  this  to  every  member  of  the 
state. 

But  these  rights  are  not  only  limited  :  they  may  be 
Forfeiture  of  forfeited.  When  a  man,  in  the  exercise 
Eights.  Of  his  freedom,  has  violated  the  right  of 

another,  he  has  become  an  enemy  to  the  state  ;  and  gov- 
ernment, to  protect  society,  may  take  away  his  personal 
liberty  by  imprisonment,  or  his  property  by  fine,  or 
even  his  life. 

SUMMARY. 

1.  The   duties    of  the    government  are,   to   secure 
justice,  to  promote  the  general  welfare,  to  defend  the 
state. 

2.  Justice  is  secured  by  protecting  every  individual 
in  his  right  to  personal  security,  personal  liberty,  pri- 
vate property,  and  his  own  religious  belief  and  worship. 

3.  It  is  the  duty  of  government  to  care  for  the  life, 
heal tli,  and  reputation  of  its  subjects. 

4.  Personal  liberty  is  freedom  to  go  and  come,  to 
assemble  peaceably  for  discussion,  to  petition  the  gov- 
ernment, and  freedom  of  speech  and  of  the  press. 

5.  Personal  liberty  is  secured  by  means  of  the  writ 
of  habeas  corpus. 

6.  The  right  of  private  property  covers  the  acquiring, 
using,  and  disposing  of  property,  time,  and  labor. 

7.  These  are  called  natural  lights  because  every  man 
instinctively  exercises  them. 


OBLIGATIONS   OF   THE   GOVERNMENT.  39 

8.  They  are  limited  in  society,  first,  by  a  regard  to 
the  right  of  others ;  second,  by  the  right  of  the   gov- 
ernment to  take  property  for  public  purposes. 

9.  This  right  of  the  government  exists  as  the  right 
of  taxation,  and  the  right  of  eminent  domain. 

10.  Civil  liberty  is  the  enjoyment  of  one's  natural 
rights  in  society.     It  is  liberty  under  law. 

11.  These  rights  may  be  forfeited  by  the  commission 
of  crime. 


CHAPTER  VI. 

OBLIGATIONS   OF  THE    GOVERNMENT   (CONTINUED). 

IN  securing  justice,  the  government  is  taking  the  best 
Pr  motion  of  possible  means  to  promote  the  public  hap- 
GeneraiWel-  piness  and  improvement.  Civil  liberty  is 
the  ground  of  national  prosperity.  In 
states  like  Mexico,  where  anarchy  and  misrule  have 
long  prevailed,  the  people  are  poor,  and  the  country 
is  unproductive. 

Yet  there  are  means  by  which  the  government  may 
Measures  of  a°t  more  directly  to  this  end.  Among 
Public  utility,  these  are,  educating  the  people,  and  car- 
rying out  measures  of  public  utility  and  convenience. 
The  most  obvious  of  these  are  the  establishment  of 
means  of  communication,  as  roads  and  bridges,  postal 
arrangements,  and  the  coining  of  money.  In  all  these, 
that  uniformity  which  is  so  necessary  can  only  be 
secured  by  having  the  government  assume  the  control. 

The  government  can  do  much  to  foster  the  industries 
Fostering  of  the  nation.  Thus  the  United  States,  in 

industries.  the  interest  of  commerce,  surveys  its  coast, 
provides  maps  and  charts,  clears  its  rivers  and  harbors, 
builds  breakwaters,  enacts  pilotage  laws,  prepares  and 
publishes  weather  reports,  and  sends  its  officers  and 
ships  of  war  to  foreign  ports  to  protect  its  seamen.  It 

40 


OBLIGATIONS   OF  THE  GOVERNMENT.  41 

promotes  agriculture  by  giving  farms  to  actual  settlers, 
and  by  collecting  and  scattering  new  seeds  and  plants, 
and  disseminating  information  of  new  and  improved 
modes  of  carrying  on  the  business.  It  has  given  boun- 
ties to  persons  engaged  in  certain  kinds  of  fishing.  It 
aims  to  encourage  manufactures  by  placing  duties  upon 
foreign  goods,  so  that  home  productions  may  have  an 
advantage  in  the  market.  It  has  given  lands  and 
money  to  aid  in  building  railroads  and  canals,  and  in 
establishing  steamship  lines  to  foreign  ports. 

The  duty  of  the  government  to  provide  for  the  edu- 
cation of  the  people  rests  upon  the  same 
,      .  *  r.      ,,  ,  Education, 

basis  as  its  obligations  to  care  for  the  pub- 
lic health  and  public  morals.  Ignorance  is  so  fruitful  a 
source  of  poverty  and  crime,  that  the  government  is 
striking  at  the  root  of  many  evils  when  it  labors  to 
promote  the  general  intelligence  of  the  community.  It 
is  bound,  therefore,  to  provide  the  rudiments  of  an 
education  for  all  the  children  under  its  authority. 
Beyond  this  the  best  governments  furnish  opportunities 
to  all  who  desire  a  higher  culture,  not  only  intellectual, 
but  in  professional  and  industrial  pursuits. 

If  the  government  is  bound  to  furnish  schools  for  its 
youth,  it  is  also  bound  to  compel  their  attendance.  It 
should  not  allow  the  carelessness  or  avarice  of  parents 
to  deprive  their  children  of  what  is  so  essential  to  then- 
welfare  and  happiness. 

There  are  other  and  stronger  reasons  why  a  demo- 
cratic republic  should  encourage  popular 

.].-.'•«  *    i  Public  Educa- 

education.     All  the  interests  of  the  state     tioninBepub- 

are   directly  in  the  hands  of  the  mass  of     Ucs' 

the  people.     The  officers  are  chosen  by  the  people  and 

from  the  people.      What    the  voters  are,  the  govern- 


42        CIVIL  GOVERNMENT  IN   THE   UNITED   STATES. 

ment  will  be.  The  ignorance  and  vice  that  prevail 
among  the  people  will  be  represented  in  the  govern- 
ment, as  surely  as  the  intelligence  and  the  virtue.  A 
corrupt  public  sentiment  produces  corrupt  legislation 
and  corrupt  administration  ;  and  these  produce  weak- 
ness and  decay.  Hence  the  interests  of  every  citizen 
are,  in  a  measure,  in  the  hands  of  every  other  citizen ; 
and  to  protect  himself  he  must  use  all  his  influence 
to  make  his  neighbor  as  intelligent  and  virtuous  as 
himself.  The  education  needs  to  be  not  only  intel- 
lectual, but  moral  and  religious.  All  that  the  statutes 
of  Massachusetts  require  is  needed  in  every  republic. 
That  State  makes  it  the  duty  of  all  instructors  of  youth, 
to  exert  their  best  endeavors  to  impress  upon  the  minds 
of  their  pupils  "  the  principles  of  piety  and  justice,  and 
a  sacred  regard  for  truth ;  love  of  their  country, 
humanity,  and  universal  benevolence ;  sobriety,  indus- 
try, and  frugality ;  chastity,  moderation,  and  temper- 
ance ;  and  those  other  virtues  which  are  the  ornament 
of  human  society,  and  the  basis  upon  which  a  republican 
constitution  is  founded." 

There  are  some  educating  influences  besides  schools. 
Public  libraries,  museums,  and  galleries  of 

General  Culture.       .    T  ,     .  ,,  ,    .    ,    , 

art  do  much  to  promote  the  general  intel- 
ligence, and  to  refine  and  cultivate  the  taste.  Public 
parks  and  gardens  furnish  means  of  healthful  and  inno- 
cent enjoyment.  It  may  seem  that  these  are  outside 
the  province  of  government,  and  that  it  should  not  tax 
the  people  for  such  purposes :  but  experience  has  shown 
that  cultivated  minds  and  hearts,  and  refined  tastes, 
result  in  softened  manners ;  that  educated  people 
understand  better  their  relations  and  obligations  in 
society,  and  have  more  respect  for  law  and  order,  than 


OBLIGATIONS   OF   THE   GOVERNMENT.  43 

the  ignorant ;  and  that  from   the  lowest  motive,  econ- 
omy, it  is  better  to  prevent  crime  than  to  punish  it. 

The  third  comprehensive  duty  of  the  government  is  to 
defend  the  state  against  foreign  and  domes-  Defence  of  the 
tic  enemies.  In  doing  this,  it  is  to  be  prompt  state- 
and  vigorous  ;  and  it  may  make  use  of  all  the  resources 
of  the  state.  There  can  be  no  limitations  upon  its 
authority  in  this  direction.  The  existence  of  the  state 
is  so  important  that  all  ordinary  considerations  of  econ- 
omy become  insignificant.  The  government  may  draw 
upon  the  wealth  of  the  people  to  exhaustion ;  and  it 
may  demand  their  personal  services  and  their  lives, 
until  resistance  becomes  useless.  It  may  suspend  all  its 
ordinary  operations  in  an  extremity.  But  all  this  sacri- 
fice of  money  and  of  human  life  and  happiness  is  for 
defence,  not  for  aggression.  The  government  has  no 
right  to  involve  the  state  in  war  simply  to  increase  its 
territory,  or  to  extend  its  power. 

For,  intimately  connected  with  its  duty  to  international 
protect  the  state,  is  its  obligation  to  other  Relations, 
states.  It  is  bound  to  respect  their  right  to  exist,  and 
to  refrain  from  acts  of  injustice  and  oppression.  It 
must  recognize  their  sovereignty,  and  treat  them  with 
proper  courtesy.  It  must  respect  the  person  and  prop- 
erty of  every  member  of  every  other  state,  and  it  must 
do  all  in  its  power  to  promote  mutual  good  feeling 
among  all  the  nations. 

These  are  called  international  obligations,  and  when 
formally  stated  constitute  what  is  called  In-  international 
ternational  Law.  Thus,  when  Great  Britain  Law- 
allowed  the  piratical  "  Alabama  "  to  sail  from  her  ports 
to  destroy  the  commerce  of  the  United  States,  she  was 
said  to  violate  the  law  of  nations.  When  Russia, 


44       CIVIL  GOVERNMENT   IN   THE  UNITED  STATES. 

Prussia,  and  Austria  divided  Poland  among  themselves, 
they  committed  the  highest  crime  possible  against  a 
sovereign  state.  When  a  United  States  war-vessel 
stopped  an  English  steamer,  and  took  from  it  Mason 
and  Slidell,  the  act  was  contrary  to  international  law. 

The  law  of  nations  differs  from  all  other  law  in  that  it 
International  is  not  the  expression  of  a  controlling  will. 
Law  Peculiar.  There  is  no  human  authority  above  that 
of  a  sovereign  state ;  so  that  this  law  is  only  a  collec- 
tion of  rules  which  the  Christian  nations  acknowledge 
as  binding  upon  them  in  their  relations  with  each  other. 
This  law  is  also  peculiar  in  that  there  is  no  umpire  to 
settle  disputes,  and  no  penalty.  If  a  state  violate  the 
law  of  nations,  the  injured  party  can  only  obtain  re- 
dress by  war,  unless  the  guilty  state  chooses  to  make 
amends  in  some  other  way.  Thus,  in  the  case  men- 
tioned above,  the  United  States  restored  the  prisoners 
taken,  and  apologized  for  the  act.  The  "  Alabama  "  case 
was  submitted  to  a  board  of  arbitration,  which  decided 
that  Great  Britain  should  pay  a  certain  sum  for  property 
destroyed  through  her  negligence. 

SUMMARY. 

1.  By  securing  justice,  the  government  promotes  the 
general  welfare. 

2.  It  does  this  also  by  executing  measures  of  public 
utility,  and  by  fostering  the  industries  of  the  state. 

3.  It  is  the  duty  of  the  government  to  provide  for 
the  education  of  the  people. 

4.  The  government  may  compel   children  to  attend 
school. 

5.  The  government  should  care  for  the  general  cul- 
ture of  the  people. 

6.  It  is  a  duty  of  the  government  to  defend  the  state : 


OBLIGATIONS   OF   THE   GOVERNMENT.  45 

to  do  this  it  may  draw  without  limit  upon  the  wealth 
and  the  services  of  the  people. 

7.  The  government  is  bound  to  respect  the  rights  of 
other  states. 

8.  Certain  rules  are  recognized  by  Christian  nations 
as  guiding  them  in  their  intercourse  with  each   other. 
These  constitute  International  Law. 

9.  Until  recently  there  has  been  no  mode  of  effecting 
a  final  settlement  of  international  disputes  but  by  force. 
Within  a  few  years,  some  nations  have  submitted  their 
quarrels  to  arbitration. 


CHAPTER  VII. 

NATURE   AND   DUTIES   OF   CITIZENSHIP. 

THE  state  has  been  defined  as  a  community  of  people. 
Citizens  and  A  citizen  of  a  state  is  a  member  of  this 
Aliens.  community,  who  is  entitled  to  be  protected 

by  the  government  in  the  enjoyment  of  his  civil  rights, 
both  at  home  and  abroad.  A  person  residing  within  a 
country,  but  not  a  citizen,  is  an  alien. 

There  are  two  classes  of  citizens,  —  native  and  natu- 
ciasses  of  Citi-  ralized.  Native  citizens  are  those  members 
zens-  of  the  state  who  were  born  within  its  ter- 

ritory, or  whose  parents  were  natives.  Naturalized 
citizens  were  once  aliens,  but  have  become  citizens  by 
complying  with  certain  legal  requirements.  The  second 
class  have  all  the  civil  rights  and  duties  of  the  first, 
but  certain  political  privileges  are  sometimes  with- 
held. Thus  none  but  native  .citizens  can  hold  the 
office  of  President  or  Vice-President  of  the  United 
States. 

Citizenship,   like    all    other    relations,    has    certain 

duties  peculiar  to  itself.  The  individual 
Duty  of  Support.  ,  .  ,,  f  ,, 

who  enjoys  the  protection  of  the  govern- 
ment is  bound  to  support  it.  He  may  do  this  in  part  by 
respecting  its  authority,  and  by  obeying  its  laws.  A 

46 


NATURE   AND    DUTIES    OF    CITIZENSHIP.  47 

government  is  strong  in  proportion  as  it  can  command 

the  obedience  of  its  subjects.     Evasion  of 

,          .  ,      ,  .,,,  ,       .    ,    ,.  c    .,  Obedience. 

law  is  as   bad   as  wilful  violation   of  it ; 

inasmuch  as  it  shows  a  want  of  respect,  which  needs 
only  to  have  the  fear  of  punishment  removed  to 
become  disobedience.  Every  good  citizen  holds  the 
spirit  of  a  law  as  sacred  as  the  letter.  One  who 
breaks  any  law  of  the  state  violates  the  right  of  those 
for  whose  protection  the  law  was  made. 

This  duty  of  obedience  is  limited  in  one  direction. 
When  to  obey  a  law  of  the  state  would  be  conscientious 
to  disobey  a  clearly  revealed  law  of  God,  Disobedience, 
the  obligation  to  God  takes  precedence,  and  the  citizen, 
is  bound  to  disobey.  This  is  a  question  of  conscience, 
and  as  such  must  be  decided  by  each  individual  for 
himself.  But  the  government  may  not  recognize  this 
as  a  valid  excuse  for  disobedience.  If  it  did  so,  the 
most  unscrupulous  would  become  the  most  conscien- 
tious. It  must  treat  disobedience  as  such,  and  punish 
it  accordingly.  Nor  has  a  citizen  any  ground  of  com- 
plaint. If  his  respect  for  the  divine  government  is  so 
great,  he  must  also  respect  the  government  of  the  state 
enough  to  suffer  the  consequences  of  his  scruples 
willingly. 

Besides  the  moral  support  which  comes  from  respect 
and  obedience,  the  citizen  is  bound  to  con-  pecuniary  Sup- 
tribute  of  his  means  to  meet  the  necessary  Port> 
expenses  of  the  government.  These  expenses  are  in- 
curred for  the  benefit  of  all.  Every  citizen  enjoys 
personal  security  and  personal  liberty;  and,  if  he  has 
property,  that  is  also  protected.  For  all  this,  justice 
requires  that  he  shall  pay  in  proportion  to  his  means. 
This  obligation  is  as  binding  as  any  between  man  and 


48       CIVIL  GOVERNMENT   IN  THE  UNITED   STATES. 

man ;  and  wilful  evasion  of  it  is  as  dishonorable  as  any- 
other  form  of  fraud. 

The  citizen  is  also  bound  to  support  the  government 
by  force  of  arms.     The  benefits  of  govern- 
ment are  so  many  that  no  sacrifice  can  be 
considered  too  great   that  its  safety  makes  necessary. 
The   highest  virtue    of  a   citizen   utters   itself  in  the 
saying,  "  It  is  sweet  to  die  for  one's  country." 

A  citizen  who  meets  these  obligations  cheerfully  is  a 

patriot.     To  obey  the  laws  because   they 

Patriotism.  ,  fj,      J. 

are    laws,    to    pay    one  s    taxes    without 

grumbling,    to   give   up  friends   or  one's   own  life,  if 
necessary  —  these  are  the  evidences  of  patriotism. 
Another  weighty  obligation  rests  upon  the  subjects 

of  a  limited  government.    They  are  bound 
Duty  to  Vote. 

to  vote. 

Voting,  or  suffrage  as  it  is  called,  is  often  spoken  of  as 
The  Eight  of  aright.  There  is  an  historical  reason  for 
Suffrage.  this.  All  the  limited  governments  of  the 

present  day  have  grown  out  of  more  absolute  ones.  In 
every  state  there  has  been  a  time  when  the  government 
was  supposed  to  derive  its  authority  directly  from  God, 
not  from  the  people.  They  had  no  voice  in  establish- 
ing the  government,  nor  in  administering  it.  From 
various  causes,  in  different  countries,  the  existing  gov- 
ernment, usually  a  sovereign,  either  alone  or  with  an 
aristocracy,  gave  to  a  portion  of  the  people  suffrage  as 
a  privilege.  These  extended  it  to  others,  until  the 
voting  class  in  each  state  has  come  to  be  what  it  is. 
When  people  have  once  enjoyed  the  privilege  of  vot- 
ing, they  have  claimed  it  as  a  right,  basing  the  claim 
upon  the  fact  that  it  has  been  given  by  the  government. 
For  the  last  century  the  tendency  has  been  toward 
universal  suffrage. 


NATURE  AND  DUTIES   OF  CITIZENSHIP.  49 

Whatever  opinion  may  be  held  as  to  the  limits 
placed  upon  suffrage,  there  can  be  no  doubt  Basis  of  Obliga- 
that  whoever  may  vote  ought  to  vote,  tion  to  Vote. 
The  obligation  upon  the  state  to  have  the  best  govern- 
ment rests  upon  every  individual  to  the  extent  of  his 
possible  influence.  If  he  have  a  voice  in  the  selection 
of  officers,  and  so  in  making  the  laws,  he  is  as  much 
bound  to  use  his  opportunity  for  good  as  to  perform  the 
commonest  act  of  honesty  or  charity.  The  difference 
is  so  wide  between  a  good  government  and  a  bad  one, 
the  interests  at  stake  are  so  precious,  that  indifference 
in  politics  becomes  a  crime.  Voting  is  a  trust  held  by 
the  few  for  the  interest  of  the  many :  to  use  it,  and  to 
use  it  conscientiously,  this  is  to  promote  order  and  hap- 
piness ;  and  not  to  use  it,  or  to  abuse  it,  is  to  take  the 
part  of  those  who  prey  upon  society  for  their  personal 
profit. 

The  duty  to  have  a  good  government  rests  upon  the 
subjects  of  absolute  authority,  as  well  as  upon  those 
who  have  a  vote  in  controlling  the  state.  Duty  of  Revo- 
When  the  government  fails  to  meet  its  lotion, 
obligations  to  the  people,  when  its  acts  are  injurious 
rather  than  beneficial,  the  people  are  bound  to  seek  a 
change  either  in  the  form  of  the  government,  or  in  the 
mode  of  its  administration.  This  is  the  duty  of  revo- 
lution. This  change  may  be  effected  in  either  of  two 
ways  :  first,  by  what  is  termed  moral  resistance,  that  is, 
by  complaint,  petition,  and  refusing  to  aid  in  enfor- 
cing the  law  ;  or,  second,  when  there  is  just  ground  of 
complaint,  when  the  other  method  has  failed,  and  there 
is  a  fair  prospect  of  success,  by  armed  opposition. 

The  third  condition  deserves  notice  as  illustrating  a 
general  principle.     Though  the  acts  of  a  government 


50       CIVIL  GOVERNMENT   IN  THE   UNITED   STATES. 

may  be  ever  so  oppressive,  it  is  better  to  suffer  them  foi 
a  time,  than  to  start  a  rebellion  which  cannot  succeed. 
The  evils  resulting  to  the  state  from  a  civil  war  are  so 
enormous,  that  to  begin  such  a  contest  for  trivial  rea- 
sons, or  against  overwhelming  odds,  is  the  highest 
crime  that  can  be  committed  against  the  welfare  of 
society. 

The  duty  of  the  government  here  is  as  plain  as  that 

of  the   individual.      While    one   may  be 
Government  J 

bound  to  Pun-  bound  to  rebel,  the  other  is  as  much  bound 
ishBebeiiion.  to  resist.  The  man  who  undertakes  to  over- 
throw the  established  government  takes  his  life  in  his 
hands.  The  government  must  regard  rebels  as  traitors, 
and  if  they  are  unsuccessful  must  punish  them  as  such. 
If  the  cause  is  a  worthy  one,  rebels  may  be  patriots ;  and, 
if  successful,  their  names  may  go  down  to  posterity  with 
honor.  The  British  government  looked  upon  Washing- 
ton as  a  rebel  and  a  criminal:  America  considers  him 
a  model  of  political  virtue. 

The  various  duties  of  the  citizen,  that  have  been 
Nature  of  Po-  enumerated,  are  moral  obligations  with 
litical  Duties.  an  the  weight  of  such.  They  are  things 
to  do  or  not  to  do,  to  do  well  or  ill,  demanding 
choice,  and  involving  responsibility.  They  go  along 
with  such  obligations  as  honesty,  chastity,  and  temper- 
ance, and  come  under  the  great  law  of  human  relation 
which  requires  every  man  to  love  his  neighbor  as  him- 
self. 

SUMMARY. 

1.  A  citizen  is  a  member  of  the  state. 

2.  A  citizen  may  be  native  or  naturalized. 

3.  Persons  on  being  naturalized  usually  have  all  the 
civil  rights  and  duties  of  native-born  citizens. 


NATURE   AND   DUTIES   OF   CITIZENSHIP.  51 

4.  Every  citizen  is  bound  to  support  the  government 
by  obeying  its  laws. 

5.  He  is  bound  to  disobey  a  law  which  violates  his 
conscience ;   but  he  must   suffer  the  penalties  of  dis- 
obedience. 

6.  Every  citizen  is  bound  to  support  the  government 
with  his  money,  and  by  his  service  if  necessary  to  its 
defence. 

7.  Voting  is  a  duty. 

8.  Suffrage  is  called  a  right  because  it  has  been  con- 
ferred as  such  gradually  by  absolute  governments. 

9.  Revolution  may  be  a  duty.     Armed  revolution  is 
justifiable  only  as  a  last  resort,  and  when  success  is 
probable. 

11.  The  government  should  punish  rebels. 

12.  Political  duties  are  moral  obligations. 


PART  II. 

CIVIL    GOVERNMENT   IN   THE    STATES 
BEFORE  THEIR  INDEPENDENCE. 


CHAPTER  VIII. 

ESTABLISHMENT   OF   CIVIL,   RELIGIOUS,   AND  POLITICAL 
LIBERTY  IN  ENGLAND. 

As  most  of  the  settlers  of  the  thirteen  colonies  were 
from  England,  it  is  necessary  to  know  what  notions  of 
government  they  brought  with  them  ;  and  to  do  this  we 
must  trace  the  development  of  civil  institutions  in  the 
mother  country.  We  shall  find  that  nearly  all  that  is 
best  in  our  government  had  been  secured  by  centuries 
of  conflict  in  Great  Britain. 

Under  the  Anglo-Saxon  kings,1  people  were  divided 
into  two  great  classes,  —  freemen  and  slaves.  Two 
classes  of  freemen  existed,  —  those  who  owned  land, 
and  those  who  did  not. 

The  country  was  divided  into  Counties,  in  each  of 
which  a  Court  was  held  periodically,  pre- 
sided over  by  an  alderman.    This  court  was 
an  assembly  of  freemen ;  but  it  is  doubtful  if  any  but 
land-owners  voted.     Before  this  body,  wills  and  deeds 
were  attested ;  and  it  was  also  a  court  of  justice.     At 
first  the  whole  body  of  people  decided  matters  in  dis- 
pute.    Afterward,  in  each  case,  a  body  of  men,  usually 
twelve,  acquainted  with  the  facts,  gave  a  decision  upon 
oath.     This  was  the  germ  of  the  modern  jury  system. 

l  See  close  of  chapter  for  list  of  sovereigns  of  England. 

65 


56        CIVIL  GOVERNMENT   IN   THE   UNITED   STATES. 

The  system  was  gradually  developed  by  employing  men 
not  acquainted  with  the  facts,  and  bringing  witnesses 
before  them  to  testify ;  and  a  further  change  was  made 
when  the  decision  of  questions  of  law  was  given  to  a 
judge,  leaving  to  the  jury  only  questions  of  fact.  The 
county  officers  were  elected  by  the  freemen  at  these 
courts. 

The  central  government  was  vested  in  a  king,  who 
came  to  the  throne  by  hereditary  title,  but 
also,  usually,  with  the  consent  of  the  larger 
land-owners.  Associated  with  him  in  the  management 
of  affairs  was  a  body  called  the  Assembly  of  the  Wise 
Men.  Originally  all  the  land-owners  were  entitled  to  a 
seat  in  this  assembly ;  but  after  a  time  only  the  more 
The  Great  powerful  exercised  the  right.  This  body 
Council.  had  power  to  raise  troops  for  national 

defence,  to  impose  taxes,  to  direct  ecclesiastical  affairs, 
and  to  care  for  the  general  interests  of  the  state.  The 
body  met  only  when  convoked  by  the  king. 

Thus  it  appears,  that  the  government  was  a  limited 
monarchy,  that  the  great  body  of  the  people  had  no 
voice  in  its  administration,  that  the  local  institutions 
afforded  considerable  liberty  to  the  lower  classes  of 
freemen,  and  were  designed  to  secure  justice  to 
all. 

The  Norman  Conquest  (1066)  wrought  some  most 
The  Feudal  important  changes.  The  Feudal  System 
System.  was  introduced.  By  this  the  king  was  con- 

sidered the  proprietor  of  all  lands,  and  distributed  them 
among  the  people  as  he  chose.  To  some  he  gave  lands 
for  which  they  were  to  pay  a  fixed  rent ;  but  most  held 
estates  on  condition  of  rendering  a  stipulated  amount 
of  military  service.  The  holders  were  called  the  king's 


ESTABLISHMENT   OF  LIBERTY   IN   ENGLAND.         57 

vassals,  and  held  the  property  for  a  specified  time,  or 
for  life ;  arid  later  the  title  became  hereditary.  As 
king's  vassals  they  were  entitled  to  a  seat  in  his  coun- 
cil. These  men  granted  portions  of  their  estates  to 
subordinates  on  similar  terms. 

Many  abuses  crept  into  the  system.  Besides  the  mili- 
tary service,  the  king's  vassals  were  re- 

.  j  ,  /.  .  ,  ,,  Feudal  Abuses, 

quired  to  furnish  money  to  ransom  the 

king's  person,  and  on  the  marriage  of  his  eldest  daughter. 
If  a  vassal  died,  the  king  received  money  of  the  heir  on 
coming  to  the  property :  if  the  heir  was  not  of  age,  the 
king  became  his  guardian,  and  received  the  revenues  of 
the  estate.  Often,  in  place  of  the  military  service,  the 
kings  demanded  money. 

Besides  the  great  council  composed  of  the  king's  vas- 
sals, there  came  to  be  a  smaller  one  con- 
sisting of  those  officers  of  state  who  were 
immediately  attached  to  the  king's  person.  This  latter 
body  came  to  exercise  all  the  administrative  part  of  the 
government  under  the  authority  of  the  king.  The  king 
interfered  in  the  local  administration  by  withdrawing 
an  important  part  of  the  business  from  the  county 
courts,  and  giving  it  to  justices  of  his  own  appoint- 
ment. Some  of  the  county  officers  also  came  to  be 
appointed  by  the  king. 

In  all  these  ways  the  Norman  sovereigns  oppressed 
their  subjects;  and  person  and  property  Norman  Oppres- 
were  not  secure  from  their  arbitrary  rule.  sion- 
During  all  this  time  the  barons  struggled  against  the  un- 
just exactions  ;  and  each  king,  on  coming  to  the  throne, 
granted  a  charter  in  which  he  solemnly  promised  to 
respect  the  ancient  laws,  and  to  refrain  from  oppressive 
acts.  But  these  promises  were  never  kept. 


58       CIVIL  GOVERNMENT   IN   THE   UNITED   STATES. 

During  the  reign  of  John,  who  was  both  weak  and 
mean,  the  barons,  under  arms,  compelled 
him  to  sign  the  famous  instrument  called 
Magna  Charta  (1215).  The  larger  part  of  this  con- 
sisted of  concessions  to  the  barons,  remedying  feudal 
abuses.  It  also  established  a  fixed  mode  of  administer- 
ing justice,  setting  up  in  the  counties  a  court  to  be 
held  by  two  judges  appointed  by  the  king,  and  four 
knights  chosen  by  the  county.  The  most  important 
declaration  was  as  follows  :  — 

"  No  freeman  shall  be  arrested,  or  imprisoned,  or 
dispossessed  of  his  tenement,  or  outlawed,  or  exiled,  or 
in  any  wise  proceeded  against ;  we  will  not  place  or 
cause  to  be  placed  hands  upon  him,  unless  by  the  legal 
judgment  of  his  peers,  or  by  the  law  of  the  land.  Jus- 
tice shall  not  be  sold,  refused,  or  delayed  to  any  one." 
It  will  be  seen  that  here  was  a  promise  of  complete 
civil  liberty  to  every  freeman.  But  John  and  the 
kings  who  succeeded  him  evaded  these  charters  in  every 
possible  way,  and,  though  repeatedly  taking  oath  to 
respect  them,  were  always  violating  them. 

It  had  always  been  a  fundamental  principle,  that  the 
Ori  in  of  the  king  could  lay  no  taxes  without  the  con- 
House  of  sent  of  his  council,  though  every  king  had 
done  so.  In  the  early  part  of  the  thirteenth 
century,  the  lesser  vassals  of  the  king,  though  not  attend- 
ing the  council,  had  considerable  prominence  in  the 
counties ;  and  associated  with  them  was  an  important 
class  of  land-owners  who  held  their  property  on  other 
than  feudal  terms.  These  were  the  so-called  English 
yeomanry.  The  kings,  hoping  to  secure  a  party  in  the 
council  in  their  interest,  began  the  practice  of  summon- 
ing a  certain  number  of  men  from  the  counties,  to  be 


ESTABLISHMENT  OP  LIBERTY  IN  ENGLAND.         59 

chosen  by  those  smaller  land-owners  as  their  representa- 
tives. These  men  were  called  knights  of  the  shire. 
About  the  same  time,  many  towns  had  acquired  wealth 
and  importance ;  and  to  secure  their  influence,  and  also 
that  they  might  be  taxed  with  their  own  consent,  they 
were  invited  to  send  deputies  to  the  assembly  (1250- 
1300).  These  were  called  borough  members.  There 
was  no  system  in  the  matter.  Those  boroughs  which 
were  called  upon  were  represented,  and  only  those. 
The  right  came  to  be  based  upon  custom,  so  that  in 
process  of  time  many  large  towns  grew  up  without 
representation,  while  old  but  decayed  boroughs  retained 
the  ancient  privilege.  This  was  the  cause  of  the  evil 
of  "  rotten  boroughs,"  which  created  so  much  agitation 
in  the  early  part  of  the  present  century. 

Thus  it  appears  that  during  the  thirteenth  century 
the  limiting  body  came  to  consist  of  three 
parts,  —  first,  the  barons  and  bishops,  sit- 
ting by  their  own  right ;  second,  the  knights  of  the  shire, 
elected  by  the  land-owners  of  the  counties  ;  third,  the 
borough  members,  elected  by  those  who  managed  the 
local  affairs  in  the  towns.     The  last  two  classes,  having 
interests  in  common,  after  a  time  united,  and  formed  the 
House  of  Commons ;  the  other  constituted  the  House 
of  Lords  :  the  whole  made  up  the  Parliament. 

At  first  the  Commons  had  little  share  in  the  govern- 
ment except  to  assent  to  taxation.  If  they  Power  of  the 
had  grievances  to  be  redressed,  or  new  Commons, 
measures  to  propose,  they  framed  petitions,  and  pre- 
sented them  to  the  king  through  their  presiding  officer, 
for  this  reason  called  Speaker.  These  requests  were  so 
frequently  disregarded,  that  they  gradually  adopted  the 
surer  method  of  framing  their  wishes  into  statutes,  and 


60       CIVIL  GOVERNMENT   IN   THE   UNITED   STATES. 

then  presenting  them  to  the  king  for  his  approval. 
They  claimed  the  right  of  free  discussion,  and  then  the 
right  to  examine  into  public  expenditures,  and  to  hold 
the  king's  ministers  responsible  for  maladministration. 
All  these  were  signs  that  the  idea  of  the  government's 
responsibility  to  the  state  was  gaining  ground. 

On  the  accession  of  the  Tudors  (1485),  they  found 
Arbitrary  Buie  the  nobility  greatly  weakened  by  the  long 
of  the  Tudors.  G[y[i  wars  that  had  preceded,  and  the 
commons  had  not  yet  acquired  the  courage  to  defend 
their  rights  stoutly.  The  result  was,  that  under 
Henry  VII.  and  Henry  VIII.  the  people  suffered  the 
most  gross  and  oppressive  exactions.  When  Parlia- 
ment objected  to  voting  money,  the  king's  ministers 
raised  it  by  illegal  modes  of  taxation.  One  of  these 
ministers  told  the  merchants  whom  he  was  trying  to 
fleece,  that  those  who  lived  expensively  thus  showed 
their  wealth,  and  those  who  lived  prudently  must  have 
grown  rich  by  economy,  and  §o  both  classes  could  afford 
to  be  taxed. 

Personal  security  was  no  more  inviolate  than  prop- 
erty. Hallam  says,  "  A  single  suspicion  in  the  dark 
bosom  of  Henry  VII.,  a  single  cloud  of  wayward 
humor  in  his  son,  would  have  been  sufficient  to  send  the 
proudest  peer  of  England  to  the  dungeon  and  the  scaf- 
fold." During  the  reign  of  these  two  men,  the  au- 
thority of  the  king  was  more  nearly  absolute  than  at 
any  other  period  of  English  history.  The  complete 
establishment  of  civil  and  political  liberty  came  after  a 
century  and  a  half  of  agitation  respecting  religion. 

The  Roman  Catholic  was  the  only  religion  in  England 
Power  of  the  an(^  on  ^ne  Continent.  Immense  estates 
Church.  were  connected  with  the  churches  and 


ESTABLISHMENT   OF    LIBERTY    IN    ENGLAND.  61 

monasteries,  and  the  wealthy  bishops  and  abbots  had 
seats  in  Parliament,  and  great  influence  in  the  state. 
The  pope  as  supreme  head  of  the  church  claimed  also 
the  right  to  interfere  in  some  of  the  civil  affairs  of  the 
nations ;  but  the  English  people  had  always  been  jealous 
of  this  interference,  though  not  always  able  to  resist  suc- 
cessfully. 

Henry  Y III.,  having  quarrelled  with  the  pope  about 
a  divorce,  renounced  his  allegiance,  and  The  Separation 
was  proclaimed  by  Parliament  supreme  fromEome- 
head  of  the  church  in  England  (1534).  By  this  act 
the  English  Catholic  Church  became  a  separate  body ; 
and  after  this  time  the  king  and  Parliament  had 
complete  control  of  the  appointment  of  church  officers, 
and  the  regulation  of  church  affairs.  Henry  abolished 
the  monasteries,  and  confiscated  their  property  to  the 
crown. 

During  this  reign  the  Protestant  Reformation  began  in 
Germany  under  Luther  (1517) ;  and  the  The  Protestant 
doctrines  of  the  new  religion  spread  rapidly  Reformation, 
over  Europe  and  in  England.  Henry  VIII.,  though 
he  quarrelled  with  the  pope,  was  still  a  Catholic.  He 
persecuted  the  Protestants  for  heresy,  while  he  also 
punished  the  Catholics  who  refused  to  acknowledge  his 
supremacy. 

Edward  VI.,  though  a  boy  when  he  became  king 
(1547),  had  decided  opinions  in  favor  of  The  Reformation 
the  Protestants;  and  the  chief  of  his  ad-  *  England, 
visers  sympathized  with  him.  They  at  once  began  the 
work  of  change.  The  church  services,  which  had 
always  been  in  Latin,  were  changed  by  the  prepara- 
tion of  a  prayer-book  in  English  which  omitted  the 
leading  Catholic  doctrines.  Images  were  removed  from 


62       CIVIL   GOVERNMENT    IN   THE   UNITED    STATES. 

the  churches,  and  many  of  the  ceremonies  of  the  old 
religion  abolished.  The  clergy  were  permitted  to 
marry.  Yet  in  this  change  the  government  of  Ed- 
ward had  regard  to  the  fact  that  the  majority  of  the 
people  were  still  Catholic.  For  this  reason  it  adopted 
a  moderate  policy,  intending  to  introduce  more  com- 
plete changes  as  the  temper  of  the  people  would  receive 
them. 

Many  of  the  Protestants  were  dissatisfied  with  this 
course,  and  demanded  the  removal  of  all 
traces  of  the  Catholic  worship.  These 
people,  who  wanted  the  old  ceremonies  abolished,  were 
called  by  their  enemies  Puritans.  The  refusal  of  Hooper 
to  be  consecrated  as  bishop  in  the  robes  usually  worn  on 
such  occasions  may  be  considered  the  beginning  of  Puri- 
tan history  (1550). 

Edward  died  before  the  reform  was  completed,  and 
Changes  Mary  came  to  the  throne  (1553).  She  was 

under  Mary.  a  Catholic,  and  immediately  filled  all  the 
church  offices  with  men  of  that  faith,  removed  from  their 
places  the  clergy  who  had  married,  and  fully  re-estab- 
lished the  old  forms.  The  Protestant  clergy  suffered 
much  from  the  zeal  of  the  queen,  and  large  numbers  fled 
to  the  continent.  Here  they  became  still  more  strongly 
impressed  in  favor  of  a  simple  worship. 

On  the  death  of  Mary  (1558),  these  exiles  returned 
Policy  of  Eliza-  to  England,  hoping  that  Elizabeth  would 
beth>  carry  on  the  change  begun  by  Edward; 

but  she  found  herself  in  a  peculiar  and  embarrassing 
position.  She  was  considered  the  head  and  exponent 
of  Protestantism ;  and  as  such  the  Catholic  powers  of 
Europe  were  leagued  against  her.  Many  of  her  own 


ESTABLISHMENT   OF  LIBERTY   IN   ENGLAND.         63 

subjects  were  ready  to  listen  to  foreign  conspirators,  and 
rise  in  rebellion.  For  this  reason,  though  she  restored 
the  Protestants  to  place,  she  did  not  push  the  new  reli- 
gion beyond  its  position  at  the  death  of  Edward. 

Two  laws  of  a  preceding  reign  were  re-enacted,  and 
became  under  her  administration  instru-  Act  of  Suprem- 
ments  of  the  severest  oppression.  One,  a°y- 
called  the  Act  of  Supremacy,  required  all  ecclesiastical 
officers,  and  all  officers  of  the  government,  to  take  an 
oath  to  support  the  queen  as  the  supreme  head  of  the 
Church.  This,  good  Catholics  could  not  do  ,  and  they 
lost  all  controlling  influence  from  that  date.  Besides 
this,  at  different  times,  other  laws  wero  passed  under 
which  the  Catholics  suffered  much  persecution. 

The  second  statute,  called  the  Act  of  Uniformity, 
forbade  worship  to  be  conducted  in  any  ActofUni- 
place,  public  or  private,  in  any  way  but  formity- 
that  prescribed  by  law,  and  required  all  persons  to  at- 
tend public  service  at  the  stated  times.  Under  the 
direction  of  some  of  the  bishops,  this  law  was  brought 
to  bear  upon  the  Puritans,  who  had  quietly  been  wor- 
shipping in  their  own  way.  Hundreds  of  the  parish 
clergy  were  expelled  from  their  livings.  From  all  over 
England  complaints  came  to  the  queen,  that  the  churches 
were  closed,  and  the  people  deprived  of  the  customary 
religious  observances.  The  petitions  were  not  heeded, 
and  the  persecution  went  on. 

About  this  time,  in  consequence  of  persecution  in 
different  parts  of  the  country,  a  new  idea  Bise  Of  the 
about  religion  was  gaining  favor.  Some  Separatists, 
people  had  come  to  believe  that  the  government 
should  have  no  control  over  the  religious  opinions  and 
practices  of  its  subjects.  They  held  that  any  body  of 


64        CIVIL   GOVERNMENT   IN    THE   UNITED   STATES. 

Christians  might  organize  themselves  into  a  church, 
choose  their  own  officers,  and  be  independent  of  all  ex- 
ternal authority.  Thus,  breaking  away  entirely  from  the 
Established  Church,  they  began  to  organize  themselves 
by  the  choice  of  pastors,  teachers,  and  other  officers,  and 
to  worship  in  secret.  These  radical  reformers  were 
called  in  derision,  Brownists,  from  an  early  advocate  of 
the  doctrine,  who  afterward  went  back  to  the  state 
church.  Afterward  they  were  called  Separatists  and 
Independents.  They  were  as  obnoxious  to  the  Puri- 
tans as  to  the  government,  and  were  punished  by  fines, 
imprisonment,  torture,  mutilation,  and  death  ;  but  they 
steadily  increased  in  numbers. 

During  the  latter  part  of  the  reign  of  Elizabeth,  there 
Parties  in  came  to  be  five  religious  classes :  the 
Eeligion.  Church  party,  holding  extreme  views  of 

the  authority  of  the  government,  and  sus taming  all  its 
harsh  procedure  ;  the  conforming  Puritans,  who  desired 
reform,  yet  from  motives  of  policy  or  fear,  or  from 
associations,  still  adhered  to  the  prescribed  modes  of 
worship  ;  the  non-conforming  Puritans,  who  believed 
in  the  authority  of  the  civil  magistrate  in  matters  of 
religion,  but  could  not  conscientiously  adopt  -the  ritual 
established  for  them,  and  were  hoping  for  a  change  in 
the  policy  of  the  state ;  the  Separatists,  who  had  re- 
nounced the  state  religion,  and  were  worshipping  in 
little  companies,  in  houses  and  barns,  and  wherever 
they  could  be  concealed  from  the  officers  of  law  ;  and, 
lastly,  the  Catholics.  An  understanding  of  New  Eng- 
land history  requires  that  this  distinction  between  the 
Separatists  and  Non-conforming  Puritans  be  carefully 
noticed.  The  latter  believed  that  the  form  of  religious 
service  should  be  prescribed  by  law,  and  that  the  civil 


ESTABLISHMENT   OF  LIBERTY  IN   ENGLAND.         65 

magistrates  might  and  should  punish  persons  for  heret- 
ical belief  and  practices :  the  other  believed  in  the 
entire  separation  of  church  and  state. 

On  the  accession  of  James  (1603),  the  first  of  the  Stu- 
arts on  the  throne  of  England,  the  Puri-  ^g  stuarts  and 
tans  hoped  for  favor ;  but  they  were  disap-  the  Popular 
pointed.  Seeing  nothing  to  hope  for  at  Party- 
home,  they  began  that  emigration  by  which  the  Puritan 
colonies  in  New  England  were  peopled.  There  began 
now  a  struggle  between  the  king,  determined  to  exercise 
arbitrary  power,  and  the  Commons,  who  had  been  grow- 
ing stronger,  and  among  whom  Puritans  were  numerous. 
The  Commons  claimed,  and,  after  a  time,  succeeded  in 
securing,  the  right  to  judge  of  the  elections  of  their  own 
members.  They  contended  for  free  speech  in  Parliament, 
for  the  right  to  discuss  all  matters  pertaining  to  the 
general  interest  of  the  kingdom,  for  exemption  from 
arbitrary  imprisonment,  and  that  there  should  be  no 
taxation  without  their  assent.  All  these  claims  were 
resisted  by  James,  and  after  him  by  Charles.  They 
summoned  parliaments  to  grant  them  money  for  carry- 
ing on  the  government ;  the  Commons  demanded 
redress  of  grievances  as  a  condition  of  voting  the  sup- 
plies. This,  in  general,  was  the  attitude  of  the  two 
contending  parties. 

Early  in  the  reign  of  Charles  (1628),  the  Commons 
framed  an  instrument  called  the  Petition  Petition  of 
of  Right,  to  which  the  king  unwillingly  Bight, 
assented.  In  this  the  Commons  complained  of  illegal 
and  unjust  procedure,  and  claimed  four  rights :  first, 
that  no  person  should  be  compelled  to  pay  any  tax 
levied  without  consent  of  Parliament ;  second,  that  no 
freeman  should  be  imprisoned  except  by  regular  legal 

6* 


66       CIVIL  GOVERNMENT   IN   THE   UNITED   STATES. 

process;  third,  that  soldiers  should  not  be  quartered 
upon  the  people  ;  fourth,  that  the  people  should  not  be 
subjected  to  martial  law.  These  were  not  new  claims. 
The  second  and  fourth  were  as  old  as  Magna  Charta ; 
the  first  was  older  still.  But  the  people  now  were 
enlightened  enough  and  strong  enough  to  insist  upon 
them. 

At  one  time,  Charles  governed  for  eleven  years 
The  Long  Par-  without  a  parliament,  raising  money  by 
liament.  the  most  illegal  and  oppressive  methods. 

When,  in  1640,  he  summoned  another,  a  majority  were 
Puritans.  They  had  always  been  foremost  in  opposing 
the  absolute  policy  of  the  kings,  and  many  of  them 
now  had  come  to  be  Independents.  This  Long  Parlia- 
ment, as  it  is  called,  because  existing  twelve  years, 
carried  at  the  outset  two  measures  of  the  utmost  im- 
portance in  restraining  the  arbitrary  rule  of  the  king. 
One  law  ordained  that  Parliament  should  not  be  dis- 
solved without  its  own  consent ;  the  other  abolished  the 
Court  of  Star  Chamber,  a  body  of  judges  wholly  under 
the  king's  control,  by  which  all  the  constitutional 
modes  of  administering  justice  had  been  set  aside,  and 
which  had  been  the  instrument  of  all  the  kings  in  dis- 
posing of  obnoxious  personal  enemies. 

Charles  was  compelled  to  assent  to  these  measures ; 
but  when  the  parliament  demanded  the 
control  of  the  army  he  resisted,  and  both 
parties  took  up  arms  (1642).  The  king  was  supported 
by  most  of  the  nobility,  by  the  Catholics,  and  by  the 
Church  party.  The  parliamentary  side  was  taken  by 
the  Puritans  and  by  the  middle  and  lower  classes  of  the 
people.  During  the  war  the  Episcopal  Church  was  over- 
throw u,  and  a  Presbyterian  form  of  worship  and  church 


ESTABLISHMENT   OF   LIBERTY  IN   ENGLAND.         67 

government  prevailed.  The  king  finally  fell  into  the 
hands  of  the  parliament,  by  whom  he  was  tried  and  exe- 
cuted for  treason  (1649). 

The  Commons  then  abolished  the  House  of  Lords, 
and  vested  the  supreme  executive  power  TheCommon- 
in  a  council  of  state  of  forty  members.  wealth. 
In  1653  Cromwell  dissolved  the  parliament  by  force. 
Another  parliament  gave  to  him  the  supreme  power 
with  the  title  Lord  Protector.  He  summoned  and  dis- 
solved one  parliament  after  another,  ruling  quite  abso- 
lutely until  his  death  in  1658.  The  triumph  of  the 
Commons,  instead  of  establishing  the  government  on  a 
firm  basis,  and  securing  that  civil  and  political  liberty 
for  which  they  had  been  struggling  so  long,  only  intro- 
duced a  period  of  greater  contention,  of  which  the  people 
became  thoroughly  tired. 

Cromwell  was  succeeded  by  his  son  Richard,  who 

could  not  exercise  his  father's  sway,  and 

j  i.       i  rm  i      f     iv  •      The  Eestoration. 

resigned  his  place.     The  control  of  affairs 

fell  into  the  hands  of  a  few  military  leaders ;  and  in 
1660  the  people  gladly  received  as  king  Charles  II., 
who  had  been  in  exile  during  the  existence  of  the  Com- 
monwealth. This  event  is  known  in  English  history 
as  the  Restoration.  The  government  was  re-established 
on  its  old  basis,  the  episcopal  system  again  set  up,  and 
for  a  time  the  parliament  was  submissive  to  the  king  ; 
but  his  favor  to  the  Catholics,  and  other  measures,  alien- 
ated the  people  from  him.  His  brother  Arbitrary  Rule 
James,  who  succeeded  him  (1685),  at-  of  James. 
tempted  to  re-establish  the  absolutism  that  had  charac- 
terized the  Tudors.  He  claimed  the  power  to  set  aside 
acts  of  Parliament ;  he  purposed  to  repeal  the  Habeas 
Corpus  act,  passed  in  the  preceding  reign ;  he  wished  to 


68       CIVIL.  GOVERNMENT   IN   THE   UNITED   STATES. 

establish  Catholicism  as  the  state  religion ;  he  inter- 
fered in  the  election  of  members  of  Parliament ;  and 
he  assumed  the  control  of  ecclesiastical  affairs. 

These  arbitrary  measures  alarmed  and  exasperated  the 

people,  and  after  reigning  four  years  James 
The  Revolution.  .,    ,  a      ? 

was   compelled   to  fly  from  the  country. 

The  crown  was  then  offered  to  William  of  Orange  and 
his  Avife  Mary,  the  daughter  of  James.  This  event  is 
known  as  the  Revolution  (1689).  Its  consequences 
were  most  important. 

On  the  accession  of  William  and  Mary,  a  parliament 
was  summoned  which  passed  the  famous 
Bill  of  Rights,  which  has  been  called  the 
third  bulwark  of  English  liberty.  The  other  two  are 
Magna  Charta  and  the  Petition  of  Right.  This  bill  de- 
clared it  illegal  for  the  sovereign  to  suspend  the  laws,  or 
dispense  with  their  execution,  or  to  levy  money  without 
grant  of  Parliament,  or  to  keep  a  standing  army  with- 
out the  consent  of  Parliament.  The  bill  declared  the 
right  of  the  subjects  to  petition  the  king,  to  bear  arms 
in  their  own  defence,  to  be  exempt  from  excessive  bail 
and  fines,  and  from  cruel  and  unusual  punishments.  It 
also  declared  that  parliaments  should  be  held  frequently, 
that  the  election  of  members  should  be  free,  and  that 
the  members  should  have  freedom  of  speech  in  their 
debates. 

During  this  reign,  considerable  progress  was  made 
toward  securing  religious  toleration  and  freedom  of  the 
press  ;  and  a  limited  term  was  fixed  for  the  duration 
of  Parliament.  The  mutual  relations  of  king  and  Par- 
liament became  definitely  settled,  and  the  constitution 
has  undergone  but  slight  changes  since. 


ESTABLISHMENT   OF   LIBERTY   IN   ENGLAND.         69 
SUMMARY. 

1.  Under   the   Saxon    kings,   the    government    was 
limited  in  two  directions :  first,  by  the  county  courts, 
in  which   the   freemen   administered   their   own   local 
affairs  ;  and,  second,  by  the  great  council,  whose  consent 
was  necessary  for  taxation. 

2.  Under  the  Normans,  the  feudal  system  gave  more 
power  to  the  crown.     The  arbitrary  exercise   of  this 
power  was  the  origin  of  the  first  formal  declaration  of 
civil  liberty  in  Magna  Charta. 

3.  The  House  of  Commons  originated  in  a  desire  of 
the  crown  to  make  itself  independent  of  the  nobility 
by  creating  a  new  party  in  its  own  interests. 

4.  This  body  acquired  the  right  to  frame  statutes,  to 
originate  money  bills,  to  examine  into  the  public  expen- 
diture, to  hold  the  king's  ministers  responsible. 

5.  The  separation  of  the  Church  of  England  from 
Rome  was  effected  by  Henry  VIII. 

6.  The  change  from  the  Catholic  to  the  Protestant 
faith  was  effected  during  the  reign  of  Edward  VI. 

7.  The  Puritans  were  Protestants  who  were  dissatis- 
fied with  the  moderate   policy   of  reform   adopted   by 
Edward  and  afterward  by  Elizabeth,   and   urged    the 
entire  abolition  of  Catholic  forms. 

8.  Some  of  the  Puritans  were  driven  by  persecution 
to  adopt   new  principles   of  ecclesiastical   polity,   and 
advocated  the  right  of  Christians  to  organize  their  own 
churches  and  choose  their  own  officers,  without  dicta- 
tion or  control  by  any  external  authority.     These  people 
were  called  Separatists. 

9.  Most  of  the  Puritans  believed  in  a  union  of  church 
and  state. 


TO       CIVIL  GOVERNMENT  IN  THE  UNITED   STATES. 

10.  The  Puritans  became  the  chief  opponents  of  the 
arbitrary  political  measures  of  the  Stuarts. 

11.  During  the  reign  of  James  I.  and  Charles  I.,  there 
was  a  continual  struggle  between  the  Commons  and  the 
king,  about  taxation,  and  freedom  of  speech  in  Parlia- 
ment.    Charles  assented  to  the  Petition  of  Right.    The 
quarrel  ended  in  the  civil  war,  in  which  the  king  was 
defeated,   and   in   consequence   of  which  he  lost  his 
life. 

12.  For  a  few  years  the  monarchy  was  abolished,  and 
the  Commons  ruled  under  the  guidance  of  Cromwell. 
This  was  the  period  of  the  Commonwealth. 

13.  A  reaction  followed  in  favor  of  royalty  :  the  res- 
toration of  the  Stuarts  took  place,   and  liberty  was 
again  restricted. 

14.  Arbitrary  rule    again    excited    discontent,   and 
brought  about  the  Revolution,  in  which  James  II.  was 
compelled  to  leave  the  throne,  and  the  crown  was  given 
to  William  and  Mary. 

15.  A  bill  of  rights  was  passed,  which  became  one 
of  the  chief  safeguards  of  English  liberty. 


IMPORTANT  DATES. 

1066.  Norman  Conquest. 
1215.  Magna  Cliarta. 
1517.  Lutheran  Reformation. 
1649.  Execution  of  Charles  I. 
1660.  The  Restoration. 
1689.  The  Revolution. 

SOVEREIGNS  OF  ENGLAND. 

Normans.  Hoiise  of  Plantagenet. 

William  I.    1066-1087.  Henry  II.      1154-1189. 

William  II.  1087-1100.  Richard  I.     1189-1199. 

Henry  I.       1100-1135.  John,              1199-1216. 

Stephen,        1135-1154.  Henry  HI.     1216-1272. 


ESTABLISHMENT   OF   LIBERTY   IN   ENGLAND.         71 

Edward  I.    1272-1307.  House  of  Stuart. 

Edward  II.  1307-1327.  Janiea  I.           1603-1625. 

Ed  ward  in.  1327-1377.  Charles  I.         1625-1649. 

Richard  II.  1377-1399.  (THE  COMMONWEALTH). 

Charles  II.        1660-1685. 

Houses  of  Lancaster  and  York.  T           n          i6«5-168Q 

Henry  IV.     1399-1413. 

Henry  V.      1413-1422.  Houses  of  Stuart  and  Nassau. 

Henry  VI.    1422-1461.  William  III.    1689-1702. 

Edward  IV.  1461-1483.  Mary  II.            1689-1694. 

Edward  V.   1483-1483.  Anne,               1702-1714. 

Richard  III.  1483-1485, 

House  of  Brunswick. 

House  of  Tudor.  George  I.          1714-1727. 

Henry  Vn.      1485-1509,  George  II.        1727-1760, 

Henry  VIII.    1509-1547.  George  in.       1760-1820, 

Ed  ward  VI.     1547-1553.  George  IV.        1820-1830. 

Mary,                1553-1558.  William  IV.     1830-1837. 

Elizabeth,        1558-1603.  Victoria,          1837 • 


CHAPTER  IX. 

THE  COLONY   OF   NEW  PLYMOUTH. 

IN  1497,  one  year  before  Columbus  discovered  the 
Discovery  by  continent  of  South  America,  John  Cabot 
Cabot'  and  his  son  Sebastian,  sailing  under  the 

English  flag,  discovered  the  mainland  of  North  America 
at  Labrador,  and  took  possession  of  it  in  the  name  of 
Henry  VII.  In  accordance  with  feudal  principles,  the 
territory  thus  acquired  became  subject  not  to  England, 
but  to  the  king,  who  in  future  grants  styled  himself  the 
sovereign  lord  thereof. 

In  1606,  James  I.  issued  a  patent,  as  it  was  called, 
Grants  by  granting  to  certain  men  the  territory  in 

James  I.  North  America  between  the  thirty-fourth 

and  forty-fifth  degrees  of  latitude,  extending  inland 
fifty  miles.  These  men  were  to  form  two  companies  : 
the  London  Company  might  occupy  between  the 
thirty-fourth  and  forty-first  degrees;  the  Plymouth 
Company  might  occupy  between  the  thirty-eighth  and 
forty-fifth  degrees  ;  but  neither  could  settle  within  a 
hundred  miles  of  the  other.  These  companies  were 
formed  for  the  purpose  of  trade  and  settlement.  They 
could  send  out  colonies,  and  grant  land  to  them,  could 
defend  them  against  all  aggressors,  and  had  the  abso- 
lute monopoly  of  all  trade  and  commerce  that  grew 

72 


THE   COLONY   OF   NEW   PLYMOUTH.  73 

out  of  their  enterprise.  The  London  Company  planted 
Virginia :  the  other  body  made  only  unsuccessful  at- 
tempts within  the  limits  assigned  them. 

In  1620  the  king  incorporated  the  members  of  the 
Plymouth  division  of  the  old  company  The  Council  f or 
into  a  new  and  distinct  body  called  New  England, 
usually  "The  Council  for  New  England."  To  this 
corporation  was  given  in  absolute  title  the  territory 
between  the  fortieth  and  forty-eighth  degrees  of  lati- 
tude, extending  across  the  continent  from  sea  to  sea. 
The  council  received  not  only  the  same  powers  that  the 
old  company  had,  but  the  right  to  make  all  provision 
for  governing  the  colonists  whom  they  might  send  out. 
From  this  council  were  received  all  the  titles  to  lands 
in  Massachusetts,  Maine,  and  New  Hampshire. 

In  1608  a  company  of  Separatists  who  had  been  wor- 
shipping according  to  their  ideas  in  the  The  Pilgrim, 
village  of  Scrooby,  in  Nottinghamshire,  Church. 
England,  were  driven  by  persecution  to  fly  to  Holland, 
where  religious  toleration  existed.  They  went  to  Am- 
sterdam, and  thence  to  Leyden,  where  they  remained 
until  1620.  Not  satisfied  with  their  condition  here, 
they  decided  to  emigrate  to  America. 

Two  things  were  necessary :  to  secure  a  title  to  land, 
and  to  raise  money  for  the  expenses  of  the  Means  for  1^- 
outfit.  The  first  they  obtained  from  the  Cation. 
London  Company,  intending  to  settle  within  its  grant. 
The  king,  in  general  terms,  promised  that  they  should 
be  unmolested  by  him.  They  obtained  funds  by  a 
partnership  with  some  London  merchants,  but  on  terms 
which  hindered  the  prosperity  of  the  colony.  Ten 
pounds  was  the  price  of  a  share  in  the  common  stock. 
Each  settler's  labor  was  valued  at  one  share.  If  he 

7 


74      CIVIL  GOVERNMENT  IN  THE  UNITED   STATES. 

put  in  ten  pounds  in  money  besides,  he  was  entitled  to 
two  shares.  The  settlers  and  their  families  were  to 
live  out  of  the  common  stock  for  seven  years  ;  at  the 
end  of  which  time  all  lands,  buildings,  &c.,  were  to  be 
divided  among  the  shareholders.  The  community  of 
property  and  labor  was  injurious  to  the  best  interests 
of  the  settlers. 

Instead  of  settling  within  the  territory  of  the  Lon- 
don Company,  they  found  themselves  at 
Cape  Cod,  and  on  the  21st  of  December, 
1620,  began  the  settlement  of  New  Plymouth.  Eight 
years  after,  they  obtained  from  the  Council  for  New 
England  a  grant  of  land  with  obscurely  denned  limits, 
and  power  to  exercise  such  civil  authority  as  they 
might  find  necessary. 

The  story  of  their  voyage,  and  the  hardships  of  their 
first  winter,  are  matters  of  general  history.  The  object 
of  this  chapter  is  to  exhibit  the  character  of  their  civil 
government. 

They  had  existed  in  England  and  Holland  as  a 
Character  of  church,  and,  until  they  reached  the  New 
the  Colony.  World,  had  been  nothing  more  than  a 
voluntary  association,  organized  fLst  for  religious  pur- 
poses, and  then  for  emigration.  Now  they  were  about 
to  become  a  civil  society,  and  knew  that  government 
would  be  necessary.  They  were  still  Englishmen, 
subjects  of  King  James,  and  inhabitants  of  English 
soil.  They  were  therefore  amenable  to  the  laws  of 
England.  But  there  existed  no  provision  for  adminis- 
tering those  laws.  They  were  left  wholly  to  them- 
selves. 

They  met  this  emergency  in  the  spirit  of  their  reli- 
gious faith;  and,  by  a  compact  adopted  before  their 


THE  COLONY  OF  NEW  PLYMOUTH.  75 

landing,   forty-one   of  the   members   of   the   company 
formed  themselves  into  a  civil  body  politic,  and  agreed 
to  choose   such   officers,  and   make   such 
laws,  as  their  circumstances  might  make 
necessary ;  and  they  promised  submission  and  obedience 
to  this  rule  of  the  whole.1     Here  was  the  founding  of 
a  state ;  not  a  sovereign  state,  because  it  recognized  the 
authority  of  King  James,  but  a  dependent  state  for 
local  government. 

The  original   signers  of  the   compact  were  styled 
freemen  of  the  colony ;   and  they  consti- 
tuted the  voting  population,  with  such  per- 
sons as  they  by  vote  of  the  majority  admitted  from  time 
to  time.     For  many  years  no  qualifications  were  speci- 
fied as  necessary  in  order  to  become  a  freeman.    In  1658 
it  was  enacted  that  no  Quaker  should  become  a  member 
of  their  association ;  and  in  1671  freemen  were  required 
to  be  twenty-one  years  of  age,  of  sober  and  peaceable 
conversation,  orthodox  in  the  fundamentals  of  religion, 

1  The  compact  was  as  follows:  "  In  the  name  of  God,  amen.  We, 
whose  names  are  underwritten,  the  loyal  subjects  of  our  dread  sovereign 
lord,  King  James,  by  the  grace  of  God,  of  Great  Britain,  France,  and 
Ireland,  King,  Defender  of  the  Faith,  &c.,  having  undertaken,  for  the 
glory  of  God,  and  advancement  of  the  Christian  faith,  and  honor  of  our 
king  and  country,  a  voyage  to  plant  the  first  colony  in  the  northern 
parts  of  Virginia,  do  by  these  presents,  solemnly  and  mutually,  in  the 
presence  of  God  and  of  one  another,  covenant  and  combine  ourselves 
together  into  a  civil  body  politic,  for  our  better  ordering  and  preserva- 
tion, and  furtherance  of  the  ends  aforesaid;  and  by  virtue  hereof  to 
enact,  constitute,  and  frame  such  just  and  equal  laws,  ordinances,  acts, 
constitutions,  and  offices,  from  time  to  time,  as  shall  be  thought  most 
meet  and  convenient  for  the  general  good  of  the  colony ;  unto  which  we 
promise  all  due  submission  and  obedience.  In  witness  whereof  we  have 
hereunder  subscribed  our  names,  at  Cape  Cod,  the  llth  of  November, 
hi  the  year  of  the  reign  of  our  sovereign  lord,  King  James  of  England, 
France,  and  Ireland,  the  eighteenth,  and  of  Scotland  the  fifty-fourth, 
Anno  Domini  1620." 


76       CIVIL  GOVERNMENT  IN  THE   UNITED   STATES. 

and  possessing  at  least  twenty  pounds  ratable  estate 
within  the  colony.  These  restrictions  were  not 
adopted  until  the  generation  of  original  settlers  had 
passed  away :  they  were  always  true  to  their  Separatist 
ideas  of  religious  freedom. 

The  freemen  annually  elected  a  governor,  and  five 
FormofGov-  (afterward  seven)  assistants.  This  was 
eminent.  the  executive  department.  A  meeting  of 

the  governor  and  assistants  was  called  a  Court  of 
Assistants.  A  meeting  of  all  the  freemen  was  called  a 
General  Court.  Laws  were  made  by  the  general 
courts ;  and  both  bodies  exercised  judicial  functions  as 
circumstances  made  necessary.  The  first  legislative 
act  on  record  is  the  establishment  of  trial  by  jury. 

The  early  legislation  was  simple,  and  but  little  of  it 
Early  Legis-  recorded.  It  furnishes  an  admirable  illus- 
lation.  tration  of  the  gradual  process  by  which  the 

statute  law  of  a  state  is  developed  under  the  pressure 
of  circumstances.  The  infant  colony  had  suffered  from 
scarcity  of  food ;  and  a  law  was  made  prohibiting  the 
exportation  of  corn,  pease,  and  beans.  The  thatched 
roofs  had  taken  fire ;  and  the  people  were  forbidden  to 
cover  their  buildings  with  straw.  Thus,  as  occasion 
required,  new  statutes  were  made  ;  but  the  principles 
which  guided  their  administration  were  those  of  the 
English  common  law.  In  1636  a  revision  of  the  law 
was  made ;  and  at  this  time  the  functions  of  the  several 
officers  were  more  clearly  defined. 

In  this  code  is  the  first  formal  intimation  of  the  sepa- 
ration into  towns.  Upon  the  expiration 
of  the  seven  years  for  which  the  partner- 
ship was  formed  with  the  London  merchants,  the  lands 
were  divided  among  the  freemen,  who  began  to  extend 


THE   COLONY   OF   NEW   PLYMOUTH.  77 

their  settlements  to  a  considerable  distance  from  Plym- 
outh. In  1636  Scituate  and  Duxbury  seem  to  have 
acquired  considerable  importance,  as  two  men  from 
each  were  appointed,  with  four  from  Plymouth,  to  revise 
the  laws.  By  a  new  statute  of  this  year,  the  inhabitants 
of  Plymouth  were  permitted  to  meet  together  to  make 
"orders  for  the  herding  of  their  cattle,  and  such  other 
things  as  shall  be  needful  for  their  more  neighborly 
living  together;"  and  it  was  not  long  before  similar 
privileges  were  granted  to  other  communities. 

By  this  time  it  had  come  to  be  inconvenient  and  un- 
safe for  the  freemen  to  leave  their  homes, 
and  go  to  Plymouth  to  attend  the  frequent 
meetings  of  the  General  Court.  In  1638  the  represen- 
tative system  was  established.  There  had  come  to  be 
eight  towns ;  and  in  each  the  inhabitants  were  to  choose 
two  freemen  (Plymouth  four)  as  deputies,  who  should 
act  with  the  governor  and  assistants  as  a  legislative 
body.  The  whole  body  of  freemen  *  still  elected  the 
officers  annually,  though  the  voters  of  any  town  might 
express  their  choice  by  proxy  through  their  deputies. 

In  1671  the  frame  of  government  became  still  more 
definitely  established  by  a  revision  of  the  Revised  Laws 
laws,  and  the  publication  of  them  under  the  of  1671- 
title,  "  General  Laws  and  Liberties  of  New  Plymouth 
Colony."  This  body  of  laws  is  prefaced  by  a  chapter 
entitled  "  The  General  Fundamentals."  The  first  sec- 
tions of  this  are  important  as  showing  what  the  colonists 
regarded  as  their  rights.  After  stating  that  they  had 
come  hither  as  "  freeborn  subjects  of  the  state  of  Eng- 
land," with  all  the  privileges  of  such,  they  ordain,  "  that 
no  act,  imposition,  law,  or  ordinance  be  made  or  im- 
posed upon  us,  at  present  or  to  come*  but  such  as  shall 

7* 


78       CIVIL  GOVERNMENT  IN  THE   UNITED   STATES. 

be  made  or  imposed  by  consent  of  the  body  of  freemen 
or  associates,  or  their  representatives  legally  assembled, 
which  is  according  to  the  free  liberties  of  the  state  of 
England."  They  further  declare  that  no  person  shall 
be  governor  or  assistant  but  such  as  have  been  freely 
chosen  by  vote  of  the  freemen.  Next  they  assert  that 
grand  declaration  of  Magna  Charta,  that  there  shall  be 
a  free,  impartial,  and  speedy  administration  of  justice, 
and  that  no  person  shall  be  deprived  of  his  natural 
rights  but  by  due  process  of  law.  Trial  by  jury  is  also 
guaranteed.  .  The  growth  of  the  colony  is  nowhere 
more  manifest  than  in  these  successive  revisions  of  the 
laws.  By  this  code,  the  judicial  functions  were  with- 
drawn from  the  General  Court,  and  vested  in  a  court  of 
assistants,  which  was  to  sit  at  Plymouth  at  least  three 
times  a  year,  and  which  was  to  decide  all  capital,  crim- 
Separate  Judi-  inal,  and  civil  causes.  Beside  this  supreme 
cial  Bodies.  body,  in  each  town  a  body  of  selectmen 
was  to  be  chosen ;  who  should  have  the  power  to  try  all 
civil  causes  involving  debt,  trespass,  or  damage,  not 
exceeding  forty  shillings.  From  this  local  judgment 
there  might  be  an  appeal  to  the  assistants'  court.  Thus 
was  justice  "  brought  home  to  every  man's  door  "  as 
the  English  constitution  demanded. 

In  1685  three  counties  were  formed  by  grouping 
Formation  of  neighboring  towns.  They  were  called 
Counties.  Plymouth,  Barnstable,  and  Bristol.  In 

each  county  two  annual  courts  were  to  be  held  by  such 
of  the  assistants,  called  magistrates,  as  lived  within  their 
limits.  Much  of  the  business  that  had  been  transacted 
by  the  courts  of  assistants  was  now  placed  in  the  hands 
of  the  county  courts.  At  the  same  time  full  powers 
were  given  to  the  selectmen  to  attend  to  the  local  affairs 


THE  COLONY  OF  NEW   PLYMOUTH.  79 

of  the  town,  as  care  of  the  poor,  care  of  highways,  and 
preservation  of  the  public  peace.  In  a  future  chapter 
we  shall  examine  the  functions  of  counties  and  towns 
in  detail.  This  colony  remained  distinct  until  1692, 
when  it  was  united  with  Massachusetts. 

SUMMARY. 

1.  All  grants  of  lands  in  North  America  were  made 
by  the  king.     The  title  to  the  territory  of  New  Plym- 
outh was  obtained  from  the  Council  for  New  England. 

2.  The  settlers  were  a  company  of  Separatists,  who 
from  their  many  wanderings  have  been  called  Pilgrims. 

3.  Being  a  voluntary  association,  and  without  civil 
authority,  they  drew  up  a  compact  by  which  they  agreed 
to  establish  a  government  in  which  the  members  of  the 
association  should  have  an  equal  voice. 

4.  Members  of  the  association  were  called  freemen; 
and  they  were  admitted  by  vote  of  the  majority,  at  first 
without    specified    qualifications :    afterward    suffrage 
was  restricted  on  the  basis  of  character,  religious  belief, 
and  property. 

5.  At  first  the  colonists  lived  together  at  Plymouth : 
afterward  they  formed   different    communities   which 
were  empowered  to  transact  local  affairs.     In  the  man- 
agement of  town  business,  persons  of  good  character 
might  vote,  though  not  freemen  of  the  colony. 

6.  Executive  functions  were  in  the  hands  of  a  gover- 
nor and  assistants,  called  magistrates,  chosen  annually 
by  vote  of  a  majority  of  the  freemen. 

7.  Legislative  functions  at  first  were  vested  in  the 
whole  body  of  freemen   acting  together  as  a  general 
court.     Afterward  the  general  court  consisted  of  the 
magistrates,  and  deputies  sent  by  the  towns  to  represent 
them. 


80      CIVIL  GOVERNMENT  IN   THE   UNITED   STATES. 

8.  Judicial  functions  were  exercised  at  first  both  by 
the  magistrates  alone  and  by  the   general  court ;  then 
by  the  magistrates  holding  courts  for  the  whole  colony, 
and  by  selectmen  chosen  in  the  towns  to  decide  small 
causes  ;  afterward  by  county  courts  and  the  selectmen. 

9.  All  legislation  recognized  the  supreme  authority 
of  the  king ;  and  justice  was  administered  according  to 
the  common  law  of  England. 


CHAPTER    X, 

THE   COLONY  OF  MASSACHUSETTS   BAY. 

IN  1628  some  persons  in  England  obtained  from  th-9 
Council  for  New  England  a  grant  of  land xte incorporated 
extending  from  three  miles  north  of  thec°mPany' 
River  Merrimackto  three  miles  south  of  the  Charles,  and 
from  ocean  to  ocean.  The  next  year,  these  persons  with 
others,  being  Puritans  or  favorably  disposed  toward 
Puritanism,  and  many  of  them  men  of  influence  at  court, 
received  a  charter  from  the  king,  incorporating  them 
under  the  title,  "  The  Governor  and  Company  of  the 
Massachusetts  Bay  in  New  England."  Their  object 
was  to  found  a  colony  where  non-conforming  Puritans 
could  live  and  worship  unmolested. 

The  charter  empowered  the  company  to  choose  its 
own  officers,  to  admit  new  members,  to 
hold  land  and  other  property  in  England 
and  America,  especially  the  territory  in  New  England 
included  in  the  previous  grant,  to  transport  settlers,  to 
make  all  rules  for  managing  the  company  affairs,  and 
to  provide  for  governing  and  protecting  its  colonists. 

The  administration  of  company  business  was  to  be  in 

the  hands  of  a  governor,  deputy  governor, 

,     .   ,  ,  .  ,  V  Government, 

and  eighteen  assistants,  chosen  annually  by 

the  whole  body  of  freemen  or  members.     Four  times  a 

81 


82       CIVIL   GOVERNMENT  IN  THE  UNITED   STATES. 

year,  there  was  to  be  "  a  great,  general,  and  solemn 
assembly "  of  the  company,  called  "  the  Great  and 
General  Court,"  at  which  new  members  should  be  ad- 
mitted, laws  made  for  the  government  of  the  company 
and  colony,  and,  once  a  year,  officers  chosen. 

The  company  sent  out  a  few  settlers  to  Salem ;  but 
Transfer  of  while  its  meetings  were  held  in  England, 
Charter.  the  colonists,  though  members  of  it,  had 

no  voice  in  its  management.  Men  of  character  and 
influence  were  unwilling  thus  to  deprive  themselves  of 
the  privilege  of  self-government,  and  would  not  emi- 
grate. To  remove  this  objection,  it  was  soon  decided 
to  transfer  the  charter  to  New  England  ;  and  a  large 
body  of  settlers  immediately  came  over,  locating  them- 
selves in  Boston  and  vicinity  about  1630.  The  effect 
of  the  change  was,  to  give  the  control  of  the  colony  to 
those  settlers  who  were  members  of  the  company.  The 
others  had  no  more  voice  than  before.  But  the  com- 
pany had  changed  to  a  body  poll  tic.  To  be  a  freeman  of 
the  company  was  to  be  a  citizen ;  and  thus,  as  new  mem- 
bers were  admitted  from  time  to  time,  the  colony  came 
to  be  self-governing  under  the  protection  of  the  com- 
pany charter.  Very  early  it  was  enacted  that  no  person 
could  become  a  freeman  unless  he  were  a  member 
of  some  church  within  the  colony ;  and 
this  provision  remained  in  force  until  1664. 

The  administration  of  government,  both  executive  and 

judicial,  was  intrusted  to  the  governor  and 
Government.  .   .  A.  •     , 

assistants,   sometimes    called   magistrates, 

who  held  monthly  meetings  called  Assistants'  Courts. 
The  whole  company  in  its  general  courts,  held  some- 
what irregularly,  chose  officers,  made  laws,  and  at- 
tended to  some  judicial  business.  The  records  show 


THE  COLONY  OF  MASSACHUSETTS  BAY.  83 

that  at  first  the  functions  were  not  very  clearly  de- 
nned. 

In  1634  the  towns  sent  deputies  to  act  with  the  ma- 
gistrates ;  and  for  ten  years  these  two 
bodies,  sitting  together  but  voting  sepa- 
rately, formed  the  General  Court  for  legislative  business. 
No  law  could  be  enacted  without  a  majority  vote  of 
both  bodies,  each  having  what  is  called  a  "  negative  " 
upon  the  other.  In  1644  the  two  bodies  were  sepa- 
rated ;  and  thus  the  General  Court  was  constituted  for 
forty  years.  At  first  the  whole  people  met  for  election  : 
afterward  they  met  in  their  towns  and  voted,  and  sent 
their  votes  by  their  deputies  to  be  counted  by  the 
General  Court. 

Judicial  business,  as  has  been  said,  was  conducted 
both  by  the  Court  of  Assistants  and  by  the  General 
Court.  Very  early  the  magistrates  performed  the  func- 
tions of  justices  of  the  peace,  though  without  the  title. 
Soon  four  quarterly  courts  were  established  at  Ipswich, 
Salem,  Cambridge,  and  Boston,  to  be  held  by  the  resi- 
dent magistrates,  and  persons  appointed  by  the  General 
Court  to  act  with  them ;  and  a  quarterly  court  at  Boston 
by  all  the  magistrates.  Next,  in  each  town,  a  magis- 
trate, or  some  person  appointed  for  the  purpose,  was 
empowered  to  try  cases  involving  less  than  twenty 
shillings.  In  1643  four  counties  were  organized  for  the 
more  complete  administration  of  justice. 

Very  early  the  people  formed  the  habit  of  meeting 
in  the  towns  to  discuss  local  matters,  and 
of  choosing  men  to  manage  them ;  and  it 
was  not  long  before  the  General  Court  recognized  the 
town  as  corporations,  and  gave  them  power  to  transact 
business,  and  to  choose  officers. 


84       CIVIL  GOVERNMENT  IN  THE  UNITED   STATES. 

The  Puritan  settlers  of  Massachusetts  Bay,  unlike 
Puritan  Legis-  the  Pilgrims,  believed  that  the  civil  magis- 
lation.  trate  had  authority  in  matters  pertaining 

to  religion  and  the  church.  They  had  founded  their 
state  for  the  express  purpose  of  maintaining  what  they 
believed  to  be  a  pure  worship ;  and  much  of  the  legis- 
lation was  directed  to  securing  this  end.  This  was 
the  reason  for  restricting  suffrage  to  church-members. 
In  furtherance  of  the  same  object,  they  endeavored  to 
compel  attendance  upon  all  the  stated  religious  services, 
and  taxed  all  the  inhabitants  to  support  the  gospel. 
They  passed  stringent  laws  to  prevent  the  promulga- 
tion of  what  they  considered  erroneous  views,  and 
punished  severely  any  attempt  to  introduce  a  different 
faith  from  that  which  they  had  devoted  themselves  to 
establish.  They  endeavored  to  promote  the  public 
morals  by  legislation  respecting  the  observance  of  the 
Sabbath  ;  and  numerous  statutes  were  made  to  prevent 
profanity,  intemperance,  and  impiety.  Most  of  the 
other  New  England  colonies  copied  these  laws  ;  and  the 
reputation  which  these  states  have  always  had  for 
morality  shows  how  successful  was  this  early  legislation. 

After  the  Restoration,  Charles  II.,  who  had  no  love 
Demand  of  f°r  Puritans,  was  disturbed  by  the  progress 
Charles  II.  of  this  colony,  and  began  a  series  of  meas- 
ures to  check  what  seemed  a  dangerous  spirit  of  inde- 
pendence. He  required  the  officers  to  take  an  oath  of 
allegiance  to  him  ;  that  all  judicial  processes  should  be 
issued  in  his  name ;  that  the  Episcopal  form  of  worship 
should  be  tolerated;  and  that  the  rights  of  freemen 
should  not  be  restricted  to  church-members.  The 
colonists  considered  some  of  these  demands  to  be  con- 
trary to  the  terms  of  their  charter,  and  withheld  com- 
pliance. 


THE   COLONY   OF   MASSACHUSETTS   BAY.  85 

Next,  the  king  sent  commissioners  to  investigate  the 
state  of  the  colonies,  giving  them  power  Royal  Com- 
to  hear  any  complaints  that  might  be  missioners. 
made  against  the  colonial  governments,  and  to  receive 
appeals  from  the  colonial  courts.  They  were  also 
directed  to  use  their  influence  to  induce  the  colo- 
nies to  give  up  their  charters,  and  receive  a  royal 
governor.  Most  of  the  colonies  received  the  commis- 
sioners, and  treated  them  with  consideration  ;  but  Mas- 
sachusetts refused  to  acknowledge  their  authority,  and 
would  not  allow  any  appeal  to  them. 

The  king  continued  his  demands,  to  some  of.  which 
Massachusetts  yielded,  imposing  the  oath  Extension  of 
of  allegiance  upon  all  the  freemen,  modi-  Suffrage, 
fying  some  of  the  severest  laws  against  the  Quakers, 
and  repealing  the  act  limiting  suffrage  to  church-mem- 
bers. But  she  required  that  voters  who  were  not  church- 
members  should  be  orthodox  in  religion,  not  vicious 
in  life,  twenty-four  years  of  age,  householders,  and 
paying  a  yearly  tax  upon  property  so  great  that  prac- 
tically the  franchise  was  scarcely  extended  beyond  its 
old  limits. 

At  length  the  struggle  ended  by  a  legal  declaration 
011  the  part  of  the  king's  officers,  that  LOSS  of  the 
Massachusetts  had  forfeited  her  charter.  Charter. 
This  was  in  1684,  and  measures  were  at  once  taken -to 
send  out  a  royal  governor ;  but  the  death  of  the  king 
prevented. 

James,  his  successor,  whose  arbitrary  conduct  drove 
the  people  of  England  to  revolution,  was      gug  engion  of 
not  likely  to  treat  the  New  England  colo-      Popular  Gov- 
nies  with  much  favor  ;  and  for  a  time  pop-      ernment- 
ular  government  there  was  suspended.     In   1686  the 


86       CIVIL  GOVERNMENT   IN  THE   UNITED   STATES. 

king  appointed  a  president,  deputy  president,  and  six- 
teen councillors,  to  have  complete  executive  and  judicial 
control  over  Massachusetts,  New  Hampshire,  and  Maine. 
There  was  no  provision  for  an  assembly.  Near  the 
close  of  the  same  year,  Sir  Edmund  Andros  arrived  in 
Boston  as  governor  of  all  New  England.  When  the 
charter  of  Massachusetts  was  revoked,  all  powers  which 
it  conferred  were  withdrawn,  and  the  colony  was  left 
wholly  at  the  mercy  of  the  king.  Even  the  titles  to 
land,  based  upon  the  charter,  were  void.  The  people 
were  considered  subjects  not  of  England,  but  of  the 
king  of  England,  and  therefore  not  entitled  to  the  civil 
and  political  rights  of  Englishmen. 

Andros  was  sent  to  put  these  principles  into  practice. 
Government  of  A  council  appointed  by  the  king  was  asso- 
Andros.  ciated  with  him  ;  and  together  they  were 

empowered  to  make  laws,  which  should  be  sent  to  Eng- 
land for  the  royal  sanction,  to  levy  taxes,  to  establish 
courts  of  justice,  to  regulate  trade  and  currency,  to 
reprieve  and  pardon.  The  servant  was  as  tyrannical  as 
his  master.  Excessive  taxes  were  imposed  ;  and,  though 
the  people  resisted,  they  were  compelled  to  pay  them. 
Owners  of  land  were  required  to  pay  certain  sums, 
called  quit-rents,  in  order  to  secure  a  new  and  valid  title 
to  their  property.  The  council  became  a  cipher  in  the 
administration,  and  the  will  of  Andros  became  the  sole 
law ;  and  he  and  his  favorites  enriched  themselves  at 
the  expense  of  the  people.  In  the  next  year,  his  com- 
mission was  extended  to  include  New  York  and  New 
Jersey  ;  and  Boston  was  made  the  capital  of  the  whole 
province.  Early  in  1689,  news  arrived  of  the  dethrone- 
ment of  James,  and  the  accession  of  William  and  Mary. 
At  once  there  was  an  uprising  of  the  people  of  Boston. 


THE  COLONY  OP   MASSACHUSETTS  BAY.  87 

Andros  and  his  friends  were  seized  and  imprisoned,  and 
a  provincial  government  was  established  Revolution  of 
on  the  basis  of  the  old  charter.  Similar  !689. 
proceedings  took  place  in  Plymouth,  and  in  Rhode 
Island  and  Connecticut,  which  had  never  given  up  their 
charters. 

The  agents  of  Massachusetts  tried  in  vain  to  secure 
a  renewal  of  the  old  charter.  Its  provis-  T^  province 
ions  were  too  liberal  to  suit  the  king ;  and  Charter, 
in  1691  a  new  one  was  made,  known  as  the  Province 
Charter.  The  terms  of  this  were  such  that  the  people 
no  longer  had  that  virtual  independence  of  the  crown 
which  they  had  so  long  enjoyed,  and  which  their 
neighbors  of  Connecticut  and  Rhode  Island  still  pos- 
sessed. Massachusetts,  Plymouth,  Maine,  and  Nova 
Scotia  were  united  under  one  government.  A  gov- 
ernor, deputy,  and  secretary  were  to  be  appointed 
by  the  king.  A  house  of  deputies,  chosen  as  before  by 
the  towns,  and  a  council  of  twenty-eight  change  in  the 
members,  appointed  at  first  by  the  king,  Government, 
afterward  by  the  General  Court,  formed  the  legislature. 
The  governor  was  commander  of  the  militia,  and 
appointed  all  military  officers.  The  election  of  council- 
lors was  subject  to  his  sanction.  With  the  consent  of 
the  council  he  appointed  all  judicial  officers.  The  Gen- 
eral Court  was  to  assemble  on  the  last  Wednesday  in 
May,  and  the  governor  could  convoke,  adjourn,  or  dis- 
solve it.  This  dangerous  power  was  afterward  used 
against  the  people  when  they  were  preparing  for  the 
Revolution.  All  acts  passed  by  the  deputies  and  coun- 
cil must  receive  the  approval  of  the  governor  to 
become  law,  and  then  be  sent  to  England  for  the 
approval  of  the  king's  ministers.  They  could  be 


88       CIVIL  GOVERNMENT   IN   THE   UNITED   STATES. 

annulled  within  three  years.     Much  of  the  first  legis- 
lation failed  to  receive  the  royal  sanction. 

The  General  Court  established  a  new  judiciary  system, 
consisting  of  a  superior  court,  a  court  of  common  pleas 
in  each  county,  justices  of  the  peace,  and  a  court  of 
sessions  in  each  county,  consisting  of  the  justices  of  the 
peace  therein,  who  heard  appeals  from  the  justice's 
courts,  and  had  charge  of  some  miscellaneous  county 
business.  The  charter  changed  the  basis  of  suffrage, 
making  the  qualifications  for  a  freeman  the  possession 
of  a  freehold l  worth  two  pounds  sterling  a  year,  or 
personal  property  worth  forty  pounds.  This  charter 
went  into  operation  in  1692 ;  and  from  that  time  until 
the  Revolution,  Massachusetts  and  Plymouth,  having 
lost  the  privilege  of  self-government,  existed  as  a  royal 
province  subject  to  such  governors  as  the  king  of  Eng- 
land chose  to  send. 

SUMMARY. 

1.  The  Massachusetts  Bay  Colony  was  established 
under  a  charter  from  Charles  I.,  in  Boston  and  vicinity, 
about  1630. 

2.  The  control  of  the  colony  was  vested  in  the  com- 
pany ;  but  by  a  transfer  of  the  charter  the  power  came 
into  the  hands  of  a  portion  of  the  settlers. 

3.  Executive  and  judicial  power  was  chiefly  exer- 
cised by  a  governor,  deputy  governor,   and  assistants. 
Legislative  functions  were  exercised  by  the  whole  body 
of  members  of  the  company,  meeting  in  an  assembly 
called  the  Great  and  General  Court.     At  this  meeting, 
also,  officers  were  chosen. 

1  Freehold,  —  an  estate  held  in  absolute  ownership,  either  for  life  or 
without  limitation  of  time. 


THE  COLONY  OF  MASSACHUSETTS   BAY.  89 

4.  Different  communities  early  assumed  the  powers 
of  towns,  which  powers  were  afterward  formally  con- 
firmed by  the  court. 

5.  In  a  few  years,  these  towns  chose  deputies  to  act 
with  the  assistants  in  legislation ;  and  the  General  Court 
came  to  consist  of  two  bodies,  each  having  a  negative 
upon  the  other. 

6.  Judicial  business  was  gradually  withdrawn  from 
the  General  Court,  and  intrusted  to  courts  held  in  differ- 
ent parts  of  the  colony  by  the  magistrates,  afterward  to 
county  courts ;  and  persons  in  the  towns  were  empow- 
ered to  "  end  small  causes." 

7.  Only  church-members  were   allowed   to    become 
freemen ;   and  thus   the   political  power   was    in   the 
hands  of  a  small  minority  of  the  colonists.     The  legis- 
lation was  also  largely  in  the  interests  of  the  Puritan 
churches. 

8.  The  kings  were  displeased  with  the  practical  inde- 
pendence of  this  colony,  and  tried  various  means  to 
reduce  it  to  subjection.     Finally,  in  1686,  the  charter 
was  taken  away,  and  with  it  all  political  privileges. 

9.  During  several  years  the  colony  was  under  the 
control  of  persons  sent  from  England.      These  were 
intrusted  with  extensive  authority,  which  they  abused  ; 
and  the  people  had  no  means  of  redress. 

10.  The  Revolution  in  England  was  followed  by  a 
similar  outbreak  in  Massachusetts.     On  the  accession 
of  William  and  Mary,  a  new  charter,  called  the  Province 
Charter,  was  given  to  the  people. 

11.  This  gave  the  choice  of  governor  to  the  king,  of 
judges  to  the  governor,  of  deputies  to  the  people,  and 
of  a  council  to  the  General  Court,  which  consisted  of 
deputies  and  council.     The  people  lost   much    of  the 

8* 


90       CIVIL  GOVERNMENT   IN    THE   UNITED   STATES. 

power  which  they  enjoyed  under  the  company  charter. 
At  this  time  Plymouth  was  united  with  Massachusetts. 
12.  New  courts  were  established,  suffrage  was  based 
upon  a  property  qualification,  and  the  king's  assent  was 
required  to  all  laws. 


CHAPTER  XL 

THE   COLONIES   OF   CONNECTICUT  AND   RHODE    ISLAND. 
CONNECTICUT. 

As  in  the  other  colonies,  the  title  to  the  territory- 
occupied  by  Connecticut  was  based  upon  Grant  of  Ter- 
a  grant  of  land  from  the  Council  for  New  ritory. 
England.  This  was  made  to  its  president  the  Earl  of 
Warwick,  who  deeded  it  to  a  company  of  eleven  per- 
sons, of  whom  Lord  Say  and  Seal  was  the  first  named. 
The  limits  of  the  grant  were,  on  the  east,  the  Narragan- 
sett  River  ;  on  the  north,  a  straight  line  from  that  river 
westerly ;  on  the  south,  the  seashore  for  one  hundred 
and  twenty  miles  ;  on  the  west,  the  South  Sea.  Within 
these  limits,  a  number  of  detached  companies  settled 
themselves,  but  soon  became  united  into  two  colonies. 

About  1635  settlers  from  the  vicinity  of  Boston 
emigrated  to  the  Connecticut  River,  and  The  Connec- 
located  themselves  at  Windsor,  Wethers-  ticut  Colony, 
field,  and  Hartford.  They  supposed  themselves  to  be 
within  the  territory  of  Massachusetts  ;  and  the  General 
Court  granted  a  commission  to  eight  of  the  prominent 
men  to  govern  the  colony  for  one  year.  These  men 
seem  to  have  administered  all  the  colony  affairs  for 
about  three  years.  Sometimes,  when  special  business 
made  it  advisable,  the  towns  appointed  committees  to 
a>  t  with  the  court. 

91 


92       CIVIL   GOVERNMENT   IN   THE   UNITED   STATES. 

In  1639  all  the  free  planters  met  at  Hartford,  and 
The  Consti-  framed  and  adopted  a  constitution,  which 
tution.  is  considered  the  first  instrument  of  the 

kind  on  record.  It  provided  for  two  general  courts 
annually :  one  for  election,  where  the  whole  body  of  free- 
men were  to  choose  by  ballot  a  governor  and  six  magis- 
trates, or  assistants  ;  the  other  court,  for  legislation,  was 
to  consist  of  four  deputies  from  each  of  the  original 
towns,  and  from  new  towns  according  to  the  popula- 
tion, with  the  governor  and  magistrates.  The  governor 
had  power  to  convoke  the  assemblies ;  but  they  could 
only  be  adjourned  or  dissolved  by  vote  of  a  majority  of 
the  members.  Judicial  powers  were  in  the  hands  of 
the  magistrates.  In  this  instrument  there  was  no 
recognition  of  any  external  authority  whatever.  The 
first  court  held  after  the  adoption  of  the  constitution 
prepared  a  bill  of  rights  which  in  its  main  provision 
was  based  upon  Magna  Charta. 

In  the  same  year,  each  town  was  empowered  to  dis- 
pose of  its  own  lands,  to  choose  its  own 
officers,  and  order  its  own  local  affairs.  In 
each,  three,  five,  or  seven  men  might  be  chosen  annu- 
ally, who  should  have  power  to  decide  all  controversies 
when  the  amount  at  issue  did  not  exceed  forty  shillings. 
A  town  clerk  was  also  to  be  chosen. 

In  1638  a  company  of  persons  from  England,  under 
New  Haven  the  lead  of  John  Davenport  and  Theophi- 
Colony.  ius  Eaton,  formed  a  settlement  at  New 

Haven.  It  was  a  wealthy  society,  and  so  united  and 
well  disposed  that  there  was  no  civil,  military,  or  eccle- 
siastical authority  for  the  first  year.  Then,  at  a  meet- 
ing of  the  people,  it  was  agreed,  that  church-members 
only  should  be  freemen,  and  they  only  should  choose 


CONNECTICUT  AND   RHODE   ISLAND.  93 

magistrates.  They  therefore  proceeded  to  choose 
twelve  men,  who  of  their  own  number  selected  seven 
to  begin  the  church.  These  seven,  called  pillars,  formed 
the  church  out  of  such  individuals  as  they  saw  fit.  The 
church  so  formed,  with  such  members  of  other  churches 
as  desired,  constituted  the  body  of  freemen  ;  and  they 
elected  a  governor  and  four  magistrates.  Legislative 
or  judicial  business  was  transacted  both  by  the  magis- 
trates, and  by  the  general  court  of  all  the  freemen. 

Settlements  were  soon  after  made  at  Milford,  Guil- 
ford,  and  Stamford ;  and  each  town  governed  itself  after 
the  New  Haven  model.  In  1643  these  four  towns 
united  under  a  form  essentially  the  same  as  in  the 
Connecticut  Colony.  In  all,  the  state  was  ruled  by  the 
church,  as  in  Massachusetts  Bay. 

The  two  colonies  remained  distinct  until  1662,  when 
a  charter  was  obtained  from  the  king  in-  The  charter 
corporating  nineteen  persons  of  Connecti-  Government, 
cut,  with  such  associates  as  they  might  elect,  under  the 
title,  "  The  Governor  and  Company  of  the  English 
Colony  of  Connecticut  in  New  England  in  America." 
The  territory  granted  them  embraced  that  formerly 
given  to  Warwick,  and  included  the  towns  of  the  New 
Haven  Colony.  There  was  to  be  a  governor,  deputy 
governor,  and  twelve  assistants,  and  a  house  of  depu- 
ties composed  of  two  members  from  each  town ;  all 
elected  annually  by  the  freemen.  As  in  most  of  the 
other  charters,  there  was  a  reservation  that  no  laws 
should  be  made  repugnant  to  the  laws  of  England. 

This  patent  was  exceedingly  obnoxious  to  the  people 
of  New  Haven,  who  by  it  would  lose  their  separate 
existence,  and  with  it  the  fundamental  principle  upon 
which  their  government  was  based.  The  privilege  of 


94       CIVIL   GOVERNMENT  IN   THE   UNITED   STATES. 

becoming  freemen  could  no  longer  be  restricted  to 
church-members.  For  three  years  New  Haven  refused 
to  accede  to  the  demand  of  Connecticut,  and  main- 
tained its  independence  ;  but  in  1665  it  was  obliged  to 
yield,  and  the  charter  government  went  into  operation. 
So  completely  was  the  power  in  the  hands  of  the  peo- 
ple that  even  the  Revolution  made  no  change  necessary, 
and  this  charter  formed  the  only  constitution  of  Con- 
necticut until  1818. 

For  the  administration  of  justice,  courts  were  held  in 
the  counties  by  the  resident  assistants,  from 
whose  judgment  appeals  might  be  made  to 
the  Assistants'  Court  at  Hartford,  which  also  had  juris- 
diction in  all  capital  cases.  The  pardoning  power  was 
vested  in  the  general  assembly. 

The   legislation   was,  in  the  main,  copied  from  the 

Massachusetts  code,  and  was  not  less 
Legislation.  .  .  .  .  0  , 

minute  in  its  provisions  to  promote  Sab- 
bath-keeping, chastity,  and  temperance  ;  but  the  so- 
called  Blue  Laws,  with  their  absurd  details,  were  the 
invention  of  a  man  not  in  sympathy  with  the  colony, 
who  had  returned  to  England. 

The  right  of   suffrage  was  granted    to  any  person 

twenty-one    years    of    age,   owning    real 

Suffrage.  ,  „ 

estate  to  the  amount  of  twenty  pounds, 
and  recommended  by  the  selectmen  of  his  town  as  of 
honest,  civil,  and  peaceable  conversation. 

EHODE  ISLAND. 

As  in  Connecticut,  so  in  Rhode  Island,  various 
Providence  isolated  settlements  were  at  first  made, 
Plantation.  which  soon  found  it  necessary  to  unite  for 
mutual  protection.  In  1636  Roger  Williams  and  five 


CONNECTICUT   AND   RHODE   ISLAND.  95 

others  began  a  settlement  at  Providence.  They  were 
soon  joined  by  others ;  and  Williams,  who  had  received 
a  deed  from  Indian  chiefs,  divided  the  land  equally 
between  himself  and  his  associates.  From  the  incom- 
plete records  of  the  town,  it  appears  that  the  people 
met  monthly  to  determine  matters  of  general  interest, 
but  delegated  no  power  except  to  a  clerk  and  a  treasurer. 
There  is  a  record  of  an  early  compact  in  which  the 
signers  agreed  to  subject  themselves  "only  in  civil 
things "  to  such  orders  as  should  be  made  by  the 
majority  of  the  masters  of  families  inhabiting  the  town. 
This  limitation  of  the  civil  authority  to  "  civil  things  " 
is  characteristic  of  all  the  legislation  of  this  colony. 

Within  a  few  years  (1640),  it  became  necessary  to 
have  a  more  complete  civil  organization,  Early  Govern- 
and  it  was  determined  to  choose  five  "  dis-  ment- 
posers,"  as  they  were  called,  to  attend  to  the  general 
business  of  the  town.  They  were  to  meet  by  them- 
selves monthly,  and  quarterly  were  to  report  to  the 
town,  and  give  up  their  trust  for  a  new  election.  In- 
stead of  making  these  selectmen  judges,  as  was  done  in 
the  other  colonies,  all  private  disputes  were  to  be  settled 
by  arbitrators  chosen  by  the  parties  to  the  quarrel,  or, 
if  they  refused,  by  the  "disposers."  Special  town 
meetings  could  be  called  at  the  request  of  any  citizen 
who  was  dissatisfied  with  the  action  of  the  selectmen. 
This  was  the  most  completely  democratic  government  in 
New  England.  In  fact,  it  was  too  democratic  to  work 
successfully.  It  allowed  too  much  liberty  to  individuals, 
and  gave  too  little  authority  to  the  community. 

In  1638  a  settlement  was  made  at  Portsmouth,  and 
in  the  next  year  one  at  Newport ;  both  by  Bhode  Island 
people  from  Massachusetts  who,  like  Wil-  Plantation. 


96       CIVIL  GOVERNMENT   IN   THE   UNITED   STATES. 

Hams  and  his  friends,  had  left  that  colony  to  escape 
from  the  intolerance  of  the  ruling  class.  In  these  two 
towns  the  business  was  transacted  in  general  meetings. 
Soon  a  judge  and  elders  were  chosen,  whose  official 
duties  corresponded  with  those  of  the  selectmen  in  the 
other  colonies ;  and  provision  was  also  made  for  trial  by 
jury.  Frequent  meetings  of  the  townsmen  were  held. 
In  1640  the  two  towns  united  ;  and  a  general  govern- 
ment was  established,  consisting  of  a  governor,  deputy 
governor,  and  assistants,  chosen  annually  by  the  free- 
men. Provision  was  made  for  a  regular  administration 
of  justice  ;  and  the  official  positions,  and  the  meetings  for 
election  and  of  the  general  court,  were  shared  equally 
by  the  two  towns. 

In  1644  Williams  obtained  from  the  English  Parlia- 
The  Charter  ment  a  charter  uniting  the  three  towns  for 
Government.  the  purpose  of  government,  empowering 
them  to  adopt  such  form,  and  to  choose  such  officers  and 
make  such  laws,  as  they  saw  fit.  After  a  delay  of  three 
years,  they  organized  a  government  similar  to  that  in 
the  other  colonies,  but  could  not  agree,  and  soon  sepa- 
rated. In  1663  Charles  II.  granted  another  charter 
more  explicit  in  its  details,  but  giving  to  the  people  the 
most  perfect  liberty  in  election  of  officers  and  in  legis- 
lation, and  establishing  complete  religious  toleration. 
The  administration  was  to  be  in  the  hands  of  a  gover- 
nor, deputy  governor,  and  assistants,  who  were  to  hold 
courts  at  Providence  and  Newport  for  judicial  business. 
The  towns  were  to  choose  deputies  to  the  general  court ; 
and  these  with  the  magistrates  formed  the  legislature. 
As  in  Connecticut,  the  people  were  so  completely  inde- 
pendent that  the  revolution  added  nothing  to  their 
political  privileges ;  and  this  charter  formed  the  only 
constitution  until  1842. 


CONNECTICUT  AND   RHODE  ISLAND.  97 

SUMMARY. 

1.  The  title  to  the  territory  of  Connecticut  was  based 
on  a  grant  to  the  Earl  of  Warwick  by  the  Council  for 
New  England ;  and  the  land  was  purchased  from  the 
Indians. 

2.  There  were  originally  two  principal  colonies,  each  a 
group  of  towns.     The  Connecticut  colony  was  founded 
by  emigrants  from  near  Boston ;  the  New  Haven  colony, 
by  persons  from  England. 

3.  The  Connecticut  colony  was  at  first  governed  by  a 
Massachusetts  commission,  afterward  under  a  constitu- 
tion prepared  by  itself,  which  organized  a  representative 
government  after  the  Massachusetts  model,  but  did  not 
make  church-membership  necessary  to  suffrage. 

4.  The  New  Haven  colony  started  with  the  idea  that 
the  church  should  control  the  state,  and  therefore  gave 
the  suffrage  only  to  church-members.     Its  form  of  gov- 
ernment  was    essentially   the   same   as   in   the    other 
colonies. 

5.  The  two  colonies  were  united  by  a  royal  charter, 
which  placed  all  political  power  in  the  hands  of  the 
people.     The  organization  was  the  same  as  had  pre- 
viously existed  in  the  Connecticut  colony ;  and  the  con- 
ditions of  suffrage  were  the  same. 

6.  Towns  existed  from  the  beginning  with  powers  of 
local  administration. 

7.  Rhode  Island  at  first  existed  as  two  colonies  known 
as  the  Rhode  Island  and  Providence  Plantations. 

8.  Providence  was  founded  by  Roger  Williams,  who 
had  been  sent  away  from  Massachusetts  Bay  ;  and  New- 
port and  Portsmouth  by  Coddington  and  others,  who 
were  also  exiles. 


98       CIVIL  GOVERNMENT  IN  THE  UNITED   STATES. 

9.  The  founders  established  the  most  perfect  equality, 
vesting  but  little  authority  in  any  officers.     It  was  a 
fundamental  article  in  all  their  compacts  and  laws,  that 
the   government   should  control  the  people  "  only  in 
civil  things." 

10.  The  different  towns  at  first  governed  themselves, 
but  were  afterwards  united,  first  by  a  parliamentary 
charter,  and  afterwards  by  one  from  the  king. 

11.  Under  the  last  charter,  absolute  religious  freedom 
was  secured,  and  a  representative  government  wholly 
in  the  hands  of  the  people  was  organized. 

12.  In  the  charters  of  Rhode  Island  and  Connecticut, 
no  authority  was  reserved  by  the  king  ;  and  they  there- 
fore formed  the  constitution  of  the  States  until  some 
time  after  the  Revolution. 


CHAPTER  XII. 

THE   COLONIES  OP   NEW  HAMPSHIRE  AND    MAINE. 
NEW    HAMPSHIRE. 

IN  1622  the  Council  for  New  England  made  a  grant 
of  land  between  the  Merrimack,  the  Ken- 
nebec,  the  ocean,  and  the  River  of  Canada, 
to  two  men,  Gorges  and  Mason ;  who  called  their  terri- 
tory Laconia.  Under  their  direction,  the  next  year,  a 
few  persons  settled  on  the  Piscataqua  at  Portsmouth 
and  at  Dover ;  but  it  was  several  years  before  either 
colony  acquired  much  importance.  In  1633  a  small 
company  of  people  from  England  settled  at  Dover ;  and, 
a  few  years  after,  some  disaffected  people  from  Massa- 
chusetts joined  them.  There  was  great  diversity  of 
religious  opinion,  and  much  contention.  New  proprie- 
tors claimed  the  territory,  and  employed  agents  to 
govern  the  people ;  but  in  1640  the  settlers  formed  a 
combination  for  self-government.  A  short  time  before 
this,  Exeter  had  been  founded  by  people  from  Massachu- 
setts, —  a  part  of  the  same  class  that  settled  the  Rhode 
Island  Plantation.  Here  a  church  was  founded,  and  a 
form  of  government  set  up  ;  a  governor  being  chosen, 
and  the  whole  body  making  laws.  In  1638  Hampton 
was  settled  under  the  authority  of  the  Massachusetts 
Court ;  and  the  next  year  it  was  empowered  to  act  as  a 
town,  and  to  send  a  deputy  to  the  legislature. 


100      CIVIL    GOVERNMENT    JN    THE    UNITED    STATES. 

Massachusetts,  under  her  charter,  claimed  the  terri- 
Cession  to  Mas-  tory  occupied  by  these  four  towns.  To 
sachusetts.  be  free  from  domestic  disturbance  and  con- 
tested claims,  in  1641  a  portion  of  the  patentees  of  Dover 
and  Portsmouth  ceded  to  Massachusetts  the  jurisdiction 
over  their  territory.  She  accepted  the  grant,  and  took 
measures  for  administering  the  government.  Persons 
who  were  freemen  before  the  union  were  allowed  to 
vote,  and  hold  office,  though  not  church-members  ;  and 
two  deputies  were  sent  to  the  General  Court.  In  1643, 
on  petition  of  the  inhabitants,  Exeter  was  received 
under  the  Massachusetts  government  ;  and  in  the 
same  year  all  the  towns  north  of  the  Merrimack  were 
formed  into  a  county  called  Norfolk.  Local  justice 
was  administered  as  in  the  other  parts  of  Massa- 
chusetts. 

New  Hampshire  remained  thus  a  part  of  Massachu- 
Made  a  Royal  setts  until  1679 ;  when  it  was  declared  by 
Province.  the  English  government  a  royal  province, 

and  a  president  and  council  were  appointed  by  the  king. 
These  persons  were  to  have  judicial  functions,  subject 
to  an  appeal  to  the  king ;  and,  with  an  assembly  of 
deputies  from  the  towns,  might  make  laws,  also  subject 
to  the  approval  of  the  king.  At  the  first  meeting  after 
the  organization  of  the  government,  a  code  of  laws  was 
framed ;  in  which  it  was  declared  that  "  no  act,  imposi- 
tion, law,  or  ordinance  should  be  made,  or  imposed  upon 
them,  but  such  as  should  be  made  by  the  assembly,  and 
approved  by  the  president  and  council." 

This  government,  so  favorable  to  the  people,  was 
Oppressive  Ad-  soon  superseded  by  one  which  was  oppress- 
ministration.  ive  jn  the  extreme.  A  new  governor  was 
appointed,  with  increased  power.  He  might  adjourn  or 


NEW   HAMPSHIRE   AND   MAINE.  101 

dissolve  the  assembly  at  his  pleasterfc,*  fright  appoint  all 
military  and  judicial  officers,  constitute  judicial  courts, 
and  remove  members  of  the,  council. :  /.  •  '  ;  y/  :\|  •  t.V»o 

The  people  were  perpetually  harassed  by  the  claims 
of  Mason  and  his  hell's,  who  demanded  the  payment  of 
quit-rents,  and  in  whose  interests  the  governors  were 
appointed, —  men  whose  only  object  was  to  enrich  them- 
selves at  the  expense  of  the  colony.  There  was  much 
trouble  between  the  people  and  their  officers  until  the 
establishment  of  the  royal  government  over  Massachu- 
setts, when  New  Hampshire  was  included  under  the 
administration  of  Dudley  and  afterward  of  Andros. 
All  the  colonies  suffered  alike  from  the  tyranny  of  this 
man. 

After  the  revolution,  which  left  New  England  without 

government,  the  four  towns  which  still  con-       _  _  . 

Be-TJmon  to 

stituted  New  Hampshire  were  at  their  re-        Massachu- 
quest  again  united  to  Massachusetts  (1690),       setts' 
and  represented  in  its  General  Court.    They  would  have 
chosen  to  remain  in  this  condition  ;  but  the  English  gov- 
ernment, always  willing  to  curtail  the  power  of  Massa- 
chusetts, declined  to  sanction  the  union ;  and,  when  the 
Province  charter  was  given  (1691),  New  Hampshire  was 
not  included.     She  was  again  placed  under  a  governor 
and  council  appointed  by  the  crown,  with       Again  Sepa- 
whom  were  associated  the  usual  assembly        rated, 
of  deputies.     During  most  of  the  time  until  the  Revo- 
lution, New  Hampshire  and  Massachusetts  had  the  same 
royal  governors.    These  usually  resided  in  Boston,  leav- 
ing the  administration  of  affairs  in  the  smaller  province 
to  their  lieutenants. 

In  the  early  part  of  the  eighteenth  century,  the  set- 
tlements were  extended  towards  the  west,  and  north  as 


9* 


102     CIVIL   GOVERNMENT   IN   THE    UNITED   STATES. 

far  a?  Concord,  numbers  of  people  from  the  north  of 
Ireland  settling  Londonderry  and  the  adjacent  towns. 

"  "  '     '    MAINE. 

In  1628  the  Council  for  New  England  gave  to  the  col- 
Kennebec  Set-  ony  °f  New  Plymouth  a  grant  of  land  on 
tiement.  the  Kennebec  ;  and  they  proceeded  to  erect 

a  trading-house.  In- 1652  Parliament  confirmed  and  ex- 
tended the  grant.  In  1654  the  government  of  Plymouth 
sent  a  commissioner  thither  to  organize  a  local  govern- 
ment. About  twenty  persons  took  an  oath  of  fidelity 
to  the  government  of  Plymouth,  and  chose  an  assistant 
to  act  with  the  commissioner  in  judicial  matters.  A 
brief  code  of  laws  was  promulgated,  which,  among  other 
things,  provided  for  trial  by  jury,  and  also  that  capital 
crimes  should  be  tried  at  Plymouth.  It  was  not  long 
before  the  territory  was  sold. 

Under  the  early  patents  granted  to  Mason  and  Gorges, 
small  settlements  had  been  made  at  Saco  and  York ; 
but  it  was  not  until  1639  that  any  thing  worthy  the 
Gorges'  Prov-  name  of  government  existed.  In  that  year 
ince-  Gorges  received  a  new  charter  as  Lord  Pro- 

prietary of  the  Province  of  Maine.  The  territory  was 
to  extend  from  the  Piscataqua  to  the  Kennebec,  and 
from  the  ocean  to  a  line  drawn  between  the  two  rivers 
at  a  distance  of  one  hundred  and  twenty  miles  from 
their  mouths. 

The  form  of  government  which  the  charter  proposed 
Proprietary  was  quite  monarchical.  Power  was  given 
Government.  to  the  proprietor  to  establish  churches, 
organize  courts,  appoint  all  kinds  of  officers,  make  war, 
regulate  trade,  and,  with  representatives  of  the  people, 
make  laws.  He  might  also  grant  lands  subject  to  such 


NEW   HAMPSHIRE   AND   MAINE.  103 

conditions  as  he  chose.  He  proceeded  to  organize  his 
government  by  appointing  a  deputy  governor  and  a 
council.  He  divided  his  territory  into  two  counties, 
in  each  of  which  was  a  court,  and  from  which  deputies 
were  chosen  to  the  legislature.  To  York  was  given  a 
city  charter  which  authorized  the  citizens  to  choose  a 
mayor,  aldermen,  and  council,  and  the  usual  subordinate 
officers.  Palfrey  says,  "  Probably  as  many  as  two-thirds 
of  the  adult  males  were  in  places  of  authority ;  "  and  he 
describes  the  whole  as  "  grave  foolery."  In  a  few  years 
Saco  was  separated  from  the  Province,  and  settlements 
were  made  at  Wells  and  Kittery.  In  1649  the  inhabit- 
ants of  those  towns,  finding  themselves  with  a  pomp- 
ous form  of  government  but  no  substance,  met  at 
York,  and  formed  a  body  politic,  choosing  officers  to 
govern  them. 

About  this  time  Massachusetts  had  learned  that  all 

this  territory  came  within  the  limits  of  her   . 

.  .          .  Acquisition  c: 

patent,  and  set  about  acquiring  jurisdic-  Territory  by 
tion.  The  General  Court  sent  three  com-  Massachusetts, 
missioners  to  Kittery ;  which  after  some  hesitation,  in 
1652,  submitted,  and  was  constituted  a  town  of  Massa- 
chusetts. Its  inhabitants  were  allowed  to  become 
freemen,  without  the  religious  qualifications  ;  and  they 
sent  two  deputies  to  the  General  Court.  York  followed 
the  example  of  Kittery,  and  received  the  same  privilege. 
The  other  three  towns  soon  gave  up  their  claims  to 
independence  ;  and  all  were  united  into  a  county  called 
York.  In  a  few  years  Massachusetts  extended  her 
jurisdiction  to  Casco  Bay. 

Things  remained  in  this  condition  for  about  twenty 
years;  when  Massachusetts,  finding  that  the  English 
government  did  not  recognize  the  validity  of  her  title, 


104    CIVIL  GOVERNMENT   IN   THE   UNITED   STATES. 

bought  the  province,  and  thus  assumed  a  new  relation. 

Gorges   transferred   to  Massachusetts  the 
Massachusetts  '    . 

becomes  Pro-  extensive  powers  conferred  by  his  charter  ; 
pnetor.  an(j  jyjajne?  instead  of  being  a  part,  became 

only  a  dependency  of  her  sister  State.  In  1680  Mas- 
sachusetts established  a  provincial  government.  It  was 
to  consist  of  a  president  appointed  annually  by  the  gov- 
ernor and  assistants  of  Massachusetts,  and  a  legislature. 
This  was  to  consist  of  a  standing  council  appointed  by 
Massachusetts,  and  an  assembly  of  deputies  from  the 
towns. 

This  arrangement  was  of  short  duration.  Massachu- 
Union  with  Mas-  setts  soon  lost  her  own  independence,  and 
sachusetts.  with  it  all  power  as  Lord  Proprietary. 
Under  the  administration  of  Dudley  and  Andros,'  Maine 
experienced  the  same  hardships  as  the  other  New 
England  colonies.  The  Province  charter  of  1691  again 
united  the  two  colonies  ;  and  from  that  time  until  1820 
the  history  of  Maine  is  merged  in  that  of  Massachusetts. 

SUMMARY. 

1.  The  territory  between  the  Merrimack  and  Ken- 
nebec  was  granted  to  Gorges  and  Mason  in  1622.     The 
first  settlements  were  at  Portsmouth  and  Dover.     They 
were  small,  and  had  little  government. 

2.  Exeter  was   settled  by  Massachusetts  dissenters, 
and  was  self-governing.      Hampton  was  settled  under 
the  authority  of  Massachusetts,  and  governed  like  the 
other  Massachusetts  towns. 

8.  Massachusetts  acquired  jurisdiction  over  all  these 
places.  They  were  formed  into  a  county,  and  sent  dep- 
uties to  the  General  Court. 

4.  In  1679  New  Hampshire  was  made  a  royal  prov- 


NEW    HAMPSHIRE   AND    MAINE.  105 

ince,  with  a  president  and  council  appointed  by  the 
king.  An  assembly  of  deputies  was  to  represent  the 
people.  This  government  became  burdensome  and 
obnoxious  ;  and  the  rule  of  Andros  was  not  less  so. 

5.  After   the   revolution   of    1689,    New   Hampshire 
united  itself  again  to  Massachusetts,  but  by  the  pro- 
vincial charter  of  1691  was  separated,  having  the  same 
governor,  but  a  distinct  assembly. 

6.  New   Plymouth   owned   a   tract  of    land   on  the 
Kennebec,  which  she  governed  by  commissioners.     It 
was  soon  sold. 

7.  A  portion  of  territory  between   the   Piscataqua 
and  Kennebec,  and  extending  inland  one  hundred  and 
twenty  miles,  was  granted  to  Gorges,  and  called  the 
Province  of  Maine.     He  set  up  a  government,  appoint- 
ing a  governor  and  council,  and  forming  two  counties 
from  which  deputies  were  sent  to  a  legislature.     York 
and  Saco  were  the  principal  towns. 

8.  The  towns  were  soon  left  to  govern  themselves ; 
and  Massachusetts  claimed  and  acquired  the  jurisdic- 
tion over  them,  governing  them  like  her  own  towns. 

9.  Massachusetts  bought  the  Province  from  Gorges, 
and  thus  became  Proprietor.     She  established  a  provin- 
cial government,  which  existed  until  Massachusetts  lost 
her  own  independence ;  when  the  two  were  united,  and 
remained  one  until  1820. 


CHAPTER  XIII. 

THE  NEW-ENGLAND  CONFEDERACY. 

NOT  only  did  the  New-England  colonies  lay  broad 

and  strong  the  foundations  of  local  and 
Its  Foundation.  .  ,.  .j  ,  ,  ,,  , 

individual  governments,  but  they  also  in- 
augurated the  policy  of  union.  In  1643  articles  of 
confederation  were  drawn  up  and  adopted  by  tke  four 
colonies  of  Massachusetts,  Plymouth,  Connecticut,  and 
New  Haven.  They  gave  as  reasons  for  the  act,  the  dis- 
turbed condition  of  affairs  in  the  mother  country,  and  the 
troublesome  character  of  their  neighbors.  There  was 
evidently  the  purpose  to  prepare  for  the  worst  in  case 
the  opening  conflict  between  their  enemy  the  king,  and 
their  friends  the  Parliament,  should  result  unfavorably 
to  the  Puritan  cause.  The  measure  was  certainly  an 
assumption  of  a  degree  of  sovereignty  to  which,  as  sub- 
jects of  England,  they  had  no  claim.  When,  after  the 
Restoration,  their  enemies  endeavored  to  prejudice  the 
king  against  them,  they  pointed  to  this  league  as  con- 
clusive evidence  that  the  colonies  meditated  independ- 
ence. 

The  four  colonies  were  bound  together  in  a  league  of 
Nature  of  the  friendship  for  offence  and  defence,  for  mu- 
nition, tual  advice  and  succor  in  preserving  and 
propagating  their  religious  faith,  and  for  their  mutual 

106 


THE   NEW-ENGLAND   CONFEDERACY.  107 

safety  and  welfare.  The  name  of  the  confederacy  was 
The  United  Colonies  of  New  England.  No  new  mem- 
ber could  be  admitted  to  the  union,  nor  could  two  of 
the  colonies  be  united,  without  the  consent  of  the  rest ; 
and  each  colony  was  to  be  independent  within  its  own 
limits. 

The  business  of  the   confederacy   was  intrusted  to 

commissioners,  —  two  from    each   colony. 
_T         .;  111,1  'ji  ji  Commissioners. 

No  action  could  be  taken  without  the  con- 
currence of  six  members  of  the  board.  If  so  many 
could  not  agree,  the  business  was  referred  to  the  gene- 
ral courts  of  the  colonies  for  decision.  This  board 
chose  its  own  president,  who  had  no  powers  beyond 
those  of  any  presiding  officer.  The  meetings  were 
held  annually,  or  oftener,  in  the  principal  towns  in  the 
colonies. 

For  carrying  on  war,  supplies  of  men  and  means  were 
furnished  in  proportion  to  the  number  of 
male  inhabitants  between  the  ages  of  six- 
teen and  sixty  in  the  respective  colonies.  The  spoils 
taken  in  war  were  distributed  in  the  same  proportion. 
In  case  of  the  invasion  of  any  one  of  the  colonies,  the 
others  sent  aid  on  request  of  the  local  magistrates.  If  but 
little  aid  was  needed,  only  the  nearest  confederate  was 
called  upon ;  but  Massachusetts  might  be  required  to 
send  at  once  one  hundred  armed  men  with  provision, 
and  each  of  the  others  forty-five  men.  No  larger  draft 
could  be  made  until  a  meeting  of  the  commissioners 
had  been  held,  when  they  might  call  for  such  troops  as 
they  deemed  necessary. 

The  articles  authorized  the  commissioners  to  frame 
such  agreements  and  orders  as  should  pro- 
mote peace  between  the  colonies  by  secur- 


108     CIVIL   GOVERNMENT    IN   THE    UNITED   STATES. 

ing  justice  to  the  citizens  of  the  different  jurisdictions, 
by  adopting  a  uniform  policy  towards  the  Indians,  and 
by  restoring  runaway  servants  and  fugitives  from  jus- 
tice. No  colony  might  engage  in  war,  and  thus  endanger 
its  associates,  without  the  consent  of  six  commissioners. 
A  breach  of  the  articles  of  confederation  by  any  mem- 
ber of  the  league  was  to  be  considered  by  the  commis- 
sioners of  the  others,  who  should  determine  the  course 
to  be  pursued. 

These  articles  were  adopted  by  the  General  Court  of 
Adoption  of  the  Massachusetts,  and  by  the  commissioners 
Articles.  from  New  Haven  and  Connecticut,  and 

were  submitted  by  the  General  Court  of  Plymouth 
to  the  townships  of  the  colony ;  by  each  of  which  they 
were  ratified.  Rhode  Island  was  denied  admittance  to 
the  union,  on  the  ground  that  its  territory  belonged  to 
Plymouth.  It  is  estimated  that  the  population  of  the 
four  colonies  at  this  time  was  almost  twenty-four  thou- 
sand ;  of  which  Massachusetts  had  fifteen  thousand, 
Connecticut  and  Plymouth  each  three  thousand,  and 
New  Haven  twenty-five  hundred. 

While  the  commissioners  met  frequently,  and  made 
Dissensions  in  suggestions  respecting  such  matters  as 
the  Confederacy,  have  been  mentioned,  the  inherent  weak- 
ness of  the  confederacy  was  shown  in  the  controversy 
with  Massachusetts  about  a  war  with  the  Dutch. 
New  Haven  was  troubled  by  the  demands  of  her  neigh- 
bors of  New  Netherlands,  and  suspected  that  the  Dutch 
governor  was  inciting  the  Indian  tribes  to  a  general  war 
upon  the  English  colonies.  On  the  strength  of  this  sus- 
picion, she  appealed  to  the  commissioners,  who  proposed 
to  declare  war.  The  General  Court  of  Massachusetts, 
knowing  that  that  colony  would  be  obliged  to  bear  the 


THE   NEW-ENGLAND   CONFEDERACY.  109 

largest  part  of  the  expense,  refused  to  be  governed  by 
the  action  of  the  commissioners,  declaring  that  the 
articles  of  confederation  gave  them  power  only  in 
defensive  warfare,  and  that  no  agreement  could  bind  a 
colony  to  perform  an  act  which  her  conscience  told  her 
was  wrong.  The  other  colonies  protested  against  the 
action  of  Massachusetts,  accusing  her  of  violating  her 
faith ;  but  she  was  firm  in  her  refusal  to  be  forced  into 
what  she  thought  a  causeless  war.  After  several 
months  spent  in  angry  discussion,  the  matter  was  settled 
by  -partial  concession  on  both  sides.  But  things  had 
taken  a  more  peaceable  turn :  there  was  now  no  occasion 
for  war,  and  Massachusetts  gained  her  point.  The  whole 
affair  showed  that  any  of  the  colonies  might  at  pleasure 
disregard  the  voice  of  the  commissioners,  and  that  they 
could  do  no  more  than  recommend  and  advise. 

The  same  weakness  appeared  when  Connecticut 
obtained  her  charter,  which  gave  her  jurisdiction  over 
New  Haven.  The  articles  of  confederation  stipulated 
that  no  two  members  should  be  united  without  the 
consent  of  all.  New  Haven  protested  against  the 
demand  of  Connecticut,  that  she  should  cause  of  Disso- 
surrender  her  independence ;  and  she  was  lution' 
sustained  by  Massachusetts  and  Plymouth.  But  Con- 
necticut insisted,  and  finally  carried  her  point,  thus 
virtually  dissolving  the  confederacy  (1665). 

After  several  years,  a  new  and  similar  league  was 

formed  between  Massachusetts,  Plymouth, 

j    ^  ,.  m  ii-  e  A  Second  Union, 

and  Connecticut.     The   only   business  of 

importance  transacted  by  this  second  confederacy  was 
the  management  of  King  Philip's  war.  When  James 
II.  overthrew  the  popular  governments  in  New  Eng- 
land, this  colonial  union  perished ;  to  be  succeeded  by  a 
10 


110     CIVIL  GOVERNMENT   IN  THE  UNITED   STATES. 

more  enduring  one  when  the  general  safety  was  endan- 
gered, not  by  neighboring  savages,  but  by  England 
itself. 

SUMMARY. 

1.  In  1643  the  colonies  of  Massachusetts,  Plymouth, 
Connecticut,  and  New  Haven  formed  a  league  for  mu- 
tual counsel  and  aid. 

2.  The  business  of  the  union  was  intrusted  to  two 
commissioners  from  each  colony. 

3.  In  case  of  invasion  of  any  colony,  the  others  were 
to  assist  with  men  and  means.     The  colonies  were  to 
furnish  supplies  in  proportion  to  their  fighting  popula- 
tion. 

4.  There  was  no  power  in  the  confederacy  to  compel 
obedience  to  the  decisions  of  the  commissioners. 

5.  The  league  came  to  an  end  in  1665,  by  the  union 
of  New  Haven  with  Connecticut. 

6.  A    second    league    was     formed    by    the    three 
colonies,  and  by  it  King  Philip's  war  was  carried  on. 


CHAPTER  XIV. 

THE  COLONIES  OF  NEW  YORK  AND  NEW  JERSEY. 
NEW   YORK. 

AFTER  Henry  Hudson  had  explored  the  river  which 
bears  his  name,  in  1609,  Dutch  merchants 
sent  vessels  to  trade  with  the  Indians,  and 
established  an  agency  for  the  purpose  on  Manhattan 
Island.  In  1615  they  formed  a  company,  and  received 
from  the  government  of  Holland  the  monopoly  of  the 
trade  for  four  years.  They  established  another  trading- 
post  near  the  present  site  of  Albany,  and  erected  rude 
forts  at  both  places ;  but  the  settlers  were  few.  In  1621 
the  West  India  Company  was  formed,  with  more  exten- 
sive powers  both  for  trade  and  colonization.  They 
sent  a  considerable  body  of  people  to  Albany,  and,  soon 
after,  still  more  to  the  settlement  on  Manhattan,  which 
they  called  New  Amsterdam.  The  whole  territory 
between  the  Connecticut  and  the  Delaware  they  called 
New  Netherlands. 

The  administration  of  affairs  was  intrusted  to  an 
officer  styled  director-general,  appointed  Government  by 
by  the  home  government,  and  a  council  the  Dutch, 
appointed  in  the  same  way.  This  body  acted  both  as 
an  executive  council  and  as  a  judicial  court.  In  1629 
special  inducements  were  offered  for  the  purpose  of  pro- 

111 


11*2     CIVIL   GOVERNMENT    IN   THE    UNITED   STATES. 

moling  settlements.  Any  person  who,  within  four  years, 
would  bring  into  the  colony  fifty  persons  over  fifteen 
years  of  age,  was  promised  the  title  "pa- 
troon,"  a  large  grant  of  land,  and  extensive 
commercial  privileges,  with  complete  civil  and  criminal 
jurisdiction  throughout  his  domain.  At  the  same  time, 
actual  settlers,  emigrating  at  their  own  expense,  were 
promised  as  much  land  as  they  could  'cultivate.  Under 
this  provision  two  classes  of  settlements  arose.  Large 
tracts  of  land  were  taken  up  by  the  patroons,  and  com- 
munities established  under  their  control.  They  ap- 
pointed local  officers  for  administrative  and  judicial 
business.  From  their  decision  appeals  might  be  made 
to  the  governor  and  council.  The  settlers  had  no 
political  and  few  civil  rights. 

Numerous  bodies  of  free  settlers  formed  communi- 
Locai  Adminis-  ties  along  the  Hudson  in  New  Jersey,  and 
tration.  on  Long  Island.  Such  local  officers  as 

sheriffs,  clerks,  and  magistrates,  were  appointed  for 
these  by  the  director  and  council,  to  whom  appeals 
could  be  made  from  the  local  courts.  For  the  first 
thirty  years,  the  people  seem  to  have  had  no  voice 
either  in  the  local  or  general  government ;  and  they 
frequently  quarrelled  with  the  governors  about  ques- 
tions of  authority.  Sometimes  the  right  of  appeal  from 
the  director  to  Holland  was  denied ;  and  the  exercise 
of  authority  was  always  arbitrary  and  often  oppressive. 
Justice  was  administered  according  to  the  common 
law  of  Holland  and  the  enactments  of  the  West 
India  Company  and  the  director-general.  At  different 
times,  the  governor  summoned  a  few  men  from  some 
of  the  larger  communities  to  consult  with  the  council 
about  Indian  affairs.  In  1653  New  Amsterdam  was 


THE  COLONY  OF  NEW  YORK.         113 

incorporated  after  the  manner  of  Dutch  towns,  and  a 
board  of  aldermen  and  magistrates  were  appointed  by 
the  governor.  During  the  next  ten  years,  the  communi- 
ties acquired  some  new  powers  by  being  allowed  to 
choose  double  the  number  of  persons  required  for  the 
local  officers ;  from  whom  the  governor  selected  those 
who  should  serve  as  magistrates.  Many  English  towns 
on  Long  Island  had  organized  themselves  after  the 
New  England  model. 

The  people  came  to  be  dissatisfied  with  the  small 
share  which  they  had  in  the  administra-  Popular  Dis- 
tion,  but  could  get  no  satisfaction  from  the  satisfaction, 
governors  or  from  the  company.  At  one  time  they 
sent  a  remonstrance  to  the  government  of  Holland,  set- 
ting forth  the  grievances  of  the  province,  and  citing  the 
example  of  New  England,  "  where  neither  patroons,  nor 
lords,  nor  princes  are  known ;  but  only  the  people." 
Thus  it  appears  that  the  independent  spirit  of  New 
England  was  contagious  ;  and,  throughout  the  colonial 
period,  whenever  any  people  wished  for  more  extended 
liberties,  they  cited  the  prosperity  of  New  England  as 
an  argument  in  favor  of  local  self-government.  Any 
remonstrance  to  the  company  was  answered  by  an 
order  to  the  governor  to  suppress  sedition,  and  to  punish 
the  complainants  in  an  exemplary  manner. 

The  English  government  never  recognized  the  claim 
of  the  Dutch  to  land  in  North  America ;  conquest  by  the 
and  in  1664  King  Charles  gave  to  his  English, 
brother,  the  Duke  of  York,  all  the  territory  of  New 
Netherlands,  including  Long  Island,  Martha's  Vineyard, 
Nantucket,  the  Hudson  River,  and  the  land  from  the 
west  side  of  the  Connecticut  River  to  the  east  side  of 
Delaware  Bay.  The  same  royal  commissioners  who  came 
10* 


114    CIVIL  GOVERNMENT   IN   THE  UNITED  STATES. 

to  examine  the  charter  governments  of  New  England, 
and  who  were  treated  so  unceremoniously  in  Massa- 
chusetts, were  empowered  to  demand  the  surrender  of 
the  Dutch  territory.  The  people  made  110  resistance, 
and  the  Duke  of  York  became  proprietor  of  New  Neth- 
erlands. This  relation  gave  to  him  the  exclusive  right 
to  the  soil,  to  the  revenues,  and  to  the  control  of  the 
civil  administration. 

The  people  expected  an  improvement  in  their  politi- 
Proprietary  cal  condition ;  but  it  was  nearly  twenty 
Government.  years  before  their  share  in  the  provincial 
government  Was  extended.  The  proprietor  appointed 
a  governor  and  council ;  and  in  their  hands  were  the 
executive,  legislative,  and  supreme  judicial  functions. 
The  towns  were  authorized  to  choose  a  constable  and  a 
board  of  overseers,  who  managed  the  local  affairs  ;  and 
there  was  a  justice  of  the  peace  appointed  by  the  gov- 
ernor, who  presided  at  the  town  courts.  There  was  a 
county  court  which  held  jury  trials,  and  from  which  in 
important  cases  appeals  might  be  made  to  a  supreme 
court  called  the  "court  of  assize,"  held  once  a  year, 
and  composed  of  the  governor,  council,  and  town  ma- 
gistrates. All  men  who  took  the  oath  of  allegiance  to 
the  proprietor,  and  were  not  servants  or  laborers,  and 
owned  a  town  lot,  were  freemen. 

For  nearly  twenty  years,  the  proprietor  refused  all 
Representative  requests  to  call  an  assembly  of  the  people, 
Assembly.  an(j  continued  to  burden  them  with  taxes 
which  they  had  no  voice  in  levying.  At  length,  in 
1683,  he  yielded  to  their  entreaties  and  to  the  advice 
of  friends,  and  instructed  his  governor  to  call  an 
assembly.  This  body  consisted  of  the  governor  and 
council,  and  seventeen  deputies  elected  by  the  free- 
holders. 


THE  COLONY   OF   NEW   YORK.  115 

A  charter  of  liberties  was  prepared,  which  at  length 
brought  the  colony  into  line  with  those  charter  of  Lib- 
about  it.  It  declared  that  supreme  legisla-  erties. 
trwe  power  should  forever  remain  vested  in  the  governor, 
council,  and  people,  met  in  general  assembly.  Every 
freeholder  and  freeman  might  vote  without  restraint  for 
representatives.  No  tax  should  be  assessed  without 
the  consent  of  the  assembly.  Trial  by  jury  was  estab- 
lished, and  religious  toleration  declared.  The  governor 
had  a  veto  on  all  acts  of  the  assembly ;  and  the  duke 
might  reject  any  law.  On  the  accession  of  the  proprie- 
tor to  the  throne  of  England  as  James  II.,  these  privi- 
leges w.ere  revoked ;  and  New  York  was  governed  like 
the  New  England  colonies,  without  an  assembly. 

On  the  accession  of  William  and  Mary,  the  people 
elected  deputies  from  the  counties,  who  permanent  Gov- 
met  in  assembly  with  the  new  governor,  ernment. 
and  re-organized  the  government.  They  established  a 
revenue,  organized  a  judiciary,  and  declared  the  right 
of  the  people  to  a  voice  in  the  administration.  The 
latter  provision  was  repealed  by  the  king ;  but  practi- 
cally, from  this  time,  the  legislative  department  was 
constituted  as  in  the  other  provinces.  As  in  New  Eng- 
land, from  this  time  to  the  declaration  of  independence 
there  was  a  continual  struggle  between  the  assembly 
and  the  royal  governor  concerning  their  respective 
powers.  The  question  of  salaries  was  especially  vexing. 
After  a  time  the  assembly  established  the  practice  of 
making  special  appropriations  for  each  purpose  of  gov- 
ernment, and  making  these  only  for  a  year  at  a  time. 
The  government  retained  its  form  until  the  Revolution, 
the  people  exhibiting  the  same  spirit  in  resisting  Brit- 
ish encroachments  that  marked  the  other  colonies. 


116     CIVIL   GOVERNMENT   IN    THE    UNITED    STATES. 
NEW  JERSEY. 

The  territory  now  occupied  by  New  Jersey  had  been 

a  part  of  the  province  of  New  Netherlands, 
First  Proprietor.        ,   .      ., 

and  in  its  northern  parts  was  occupied .  by 

a  few  scattering  Dutch  families.  It  was  included  in 
the  grant  made  by  Charles  to  the  Duke  of  York,  and 
was  by  him  immediately  assigned  to  Lords  Berkeley  and 
Carteret  with  all  the  proprietary  rights  which  accom- 
panied the  original  grant.  They  took  measures  to 
induce  emigration  ;  and  their  concessions  were  so  liberal 
that  in  a  short  time  numerous  flourishing  towns  were 
established  by  people  from  the  other  colonies  and  from 
England. 

The  government  which  the  proprietors  set  up  was  to 

be  exercised  by  a  governor  and  council  and 
The  Government.  ,  ^  -i          ™ 

general  assembly.     The  governor  was  to 

be  appointed  by  the  proprietors,  the  council  by  the 
governor.  The  general  assembly  was  the  legislature. 
It  was  to  consist  of  the  governor  and  council,  and 
deputies  chosen  by  the  freemen  of  the  towns.  This 
body  was  to  make  laws  subject  to  the  approval  of  the 
proprietary.  It  had  power  to  constitute  courts,  to  levy 
taxes,  to  provide  for  the  defence  of  the  province,  and 
to  make  annual  appropriations  for  maintaining  the 
government.  Thus  the  privileges  for  which  some  of 
the  other  colonies  struggled  for  years  were  granted  at 
the  outset ;  especially  the  right  to  lay  taxes,  and  to  con- 
trol the  provincial  expenditures.  The  right  to  appeal 
to  the  proprietor  was  granted  in  all  cases.  Freedom  of 
conscience  and  worship  was  also  secured.  Local  char- 
ters of  incorporation  were  given  to  the  various  com- 
munities, by  which  they  were  empowered  to  make  their 
own  by-laws,  to  choose  their  own  municipal  officers,  and 
to  hold  courts  for  deciding  small  causes. 


THE   COLONY   OF   NEW   JERSEY.  117 

These  local  governments  went  at  once  into  operation, 
and  continued  without  interruption  ;  but  Disturbed  Ad- 
the  provincial  government  was  for  a  ministration, 
long  time  in  a  confused  state.  The  demand  of  the 
proprietors  for  the  payment  of  annual  quit-rents  met 
with  much  opposition,  especially  from  those  who  had 
occupied  the  land  previous  to  the  grant  to  Berkeley  and 
Carteret.  Some  of  the  towns  refused  to  acknowledge 
the  jurisdiction  of  the  proprietors  ;  and  the  meetings  of 
the  general  assembly  were  frequently  suspended  for 
several  years. 

About  ten  years  from  the  establishment  of  the  propri- 
etary authority,  the  province  was  divided ;  Division  of  the 
and  the  western  portion  came  into  the  Province, 
hands  of  William  Penn  and  several  others,  who  pro- 
ceeded to  exercise  the  proprietary  right  of  jurisdiction. 
A  government  was  established,  consisting  of  a  governor 
and  council,  and  an  assembly  representing  the  people. 
This  assembly  was  to  have  the  appointment  of  all  offi- 
cers except  the  governor,  was  to  fix  salaries,  New  Qovem- 
and  to  levy  taxes.  Liberty  of  conscience  ment- 
was  allowed ;  and,  in  general,  the  principles  of  popular 
government  were  recognized.  The  province  was  divided 
into  "tenths;"  and  these  into  "proprieties,"  each  of 
which  chose  a  representative.  Two  districts  for  judi- 
cial purposes  were  established,  and  courts  organized. 
This  part  of  the  province  was  settled  chiefly  by  Quakers 
from  England  and  Ireland. 

East  New  Jersey  soon  after  came  into  the  hands  of 
the  same  Quaker  proprietors  who  owned  the  western 
province  ;  but  the  form  of  government  remained  essen- 
tially the  same.  Counties  were  soon  established  in  both 
provinces,  and  courts  established ;  and  the  representa- 


118     CIVIL   GOVERNMENT   IN   THE   UNITED   STATES. 

tives  to  the  assembly  came  to  be  chosen  by  the  counties, 
instead  of  by  the  "  tenths." 

During  the  first  thirty  years  of  the  history  of  the 
colony,  there  were  continual  disputes  between  the  pro- 
prietors and  the  Duke  of  York,  between  the  successive 
proprietors  themselves,  and  between  the  proprietors 
and  the  people.  There  was  hardly  any 
comesaEoyai  time  when  there  was  not  more  or  less 
Province.  confusion  in  the  administration  of  public 

affairs.  This  unfortunate  condition  was  terminated  in 
1702,  when  the  proprietors  surrendered  to  the  crown  all 
their  jurisdiction  in  both  provinces.  In  that  year,  one 
royal  province  was  formed,  with  a  governor  and  council 
appointed  by  the  crown,  and  an  assembly  of  deputies 
chosen  partly  by  counties  and  partly  by  some  of  the 
towns.  A  large  property  qualification  was  required 
both  for  the  representatives  and  for  the  voters ;  but  this 
was  afterward  diminished.  Laws  made  were  subject  to 
the  negative  of  the  governor,  and  were  to  be  trans- 
mitted to  the  crown  for  approval.  The  governor  and 
council  were  authorized  to  constitute  courts  of  justice, 
and  to  appoint  all  judicial  officers. 

Thus  it  appears  that  the  new  government  was  much 
less  favorable  to  the  interests  of  the  people  than  the 
old  had  been.  The  control  of  the  judiciary,  of  expen- 
Preparation  for  ditures,  and  of  its  own  sessions,  was  taken 
independence,  from  the  assembly,  and  nothing  given  in 
their  place.  New  Jersey,  like  Massachusetts,  had  less 
political  liberty  in  the  second  period  of  its  history  than 
in  the  first ;  and  it  was  this  very  change  which  prepared 
the  people  for  complete  independence.  From  this  time 
until  the  Revolution,  the  history  of  New  Jersey  resem- 
bles that  of  the  other  provinces.  The  royal  governors 


THE   COLONY   OF   NEW   JERSEY.  119 

were  frequently  haughty  and  exacting,  the  assemblies 
sometimes  submissive,  but  more  often  persistent  in 
resisting  what  were  considered  violations  of  their 
rights.  The  people  were  gradually  driven  to  see  that 
the  only  security  for  permanent  peace  was  in  independ- 
ence ;  and  they  united  readily  with  the  other  colonies 
in  securing  it. 

SUMMABY. 

1.  The  territory  between  the   Connecticut  and  the 
Delaware  Rivers  was  claimed  by  the  Dutch,  and  called 
New  Netherlands. 

2.  From   1615   to   1621,  settlements   were   made  at 
New  York  and  Albany,  under  the  Dutch  West  India 
Company. 

3.  Political  power  was  wholly  in   the   hands   of   a 
director-general  and  a  council  appointed  by  the  com- 
pany.    For  the  first  thirty  years,  the  people   had  no 
voice  either  in  the  local  or  general  administration. 

4.  The  people  became  dissatisfied  with  their  condi- 
tion, contrasting  it  with  the  freedom  of  New  England  ; 
but  their  complaints  were  not  heeded. 

5.  King   Charles  of  England   gave   the   territory  to 
the   Duke  of  York,  who  took  it   from  the  Dutch  in 
1664. 

6.  The   people    obtained  no   voice   in   the    colonial 
government  until  1683,  when  a  representative  assembly 
was  formed,  and  a  charter  of  liberties  granted. 

7.  On   the   accession  of  the  Duke  of  York   to   the 
throne   of  England   as   James  II. ,  the  colony  became 
a  royal   province,  and  was  under  the  government  of 
Andros. 

8.  Under  William  and  Mary,  the  colony  came  to  be 


120    CIVIL   GOVERNMENT    IN   THE   UNITED    STATES. 

governed  in  nearly  the  same  manner  as  Massachusetts ; 
and  the  people,  from  this  time,  were  earnest  in  defence 
of  their  political  privileges. 

9.  The  territory  of  New  Jersey  was  granted  by  the 
Duke  of  York  to  proprietors,  who  encouraged  emigra- 
tion, and  gave  to  the  settlers  extensive  political  powers. 

10.  The  local  administration  was  in  the  hands  of  the 
people,  and  continued  to  be  so   without  interruption. 
Dissension   between   the   proprietors   and   the    people 
caused  the  colonial  government  to  be  frequently  in  a 
confused  state. 

11.  The    colony  next    came   under    the    control   of 
William  Penn  and  others,  by  whom  the  people  were 
favorably  treated ;  but  the  dissension  continued. 

12.  In   1702  the   colony  became  a   royal   province, 
governed  like   the   others,  and  subject    to    the    same 
encroachments  of  king  and  parliament. 


CHAPTER  XV. 

THE  COLONIES  OF  PENNSYLVANIA,  DELAWARE,  AND 
MARYLAND. 

PENNSYLVANIA  AND  DELAWARE. 

SOON  after  the  colonization  of  New  York  by  the 
Dutch,  a  company  of  Swedes  settled  on  Early  Settie- 
the  Delaware  near  the  present  site  of  ments. 
Newcastle ;  and  they  extended  their  limits  northward 
nearly  to  where  Philadelphia  is  now  situated,  and  south- 
ward. After  a  few  years,  the  Dutch  governor  of  New 
Netherlands  compelled  them  to  submit  to  his  rule ;  and 
they  were  governed  in  the  same  way  as  the  villages  of 
New  York.  After  the  conquest  by  the  English,  this 
whole  territory  was  claimed  by  the  Duke  of  York,  and, 
being  formed  into  three  counties,  was  under  united  to  New 
the  control  of  the  English  governor  of  York- 
New  York.  The  laws  of  England  were  substituted 
for  those  of  Holland  ;  and  Newcastle  was  incorporated 
as  a  city  with  the  usual  officers. 

In  1681  William  Penn  obtained  from  Charles  II.  a 
grant  of   the  land  now  included   in   the 
State  of  Pennsylvania.      The  description 
of  the  southern  boundary  seemed  to  conflict  with  the 
claims   of  the   proprietor   of  Maryland ;   and  disputes 
arose  which  were  not  settled  until  1763.     In  that  year, 
11  121 


122     CIVIL   GOVERNMENT   IN   THE    UNITED    STATES. 

the  final  survey  was  made ;  and  the  boundary  has  since 
been  famous  as  Mason  and  Dixon's  line.  This  charter 
gave  to  Penn  the  usual  proprietary  right  to  govern  the 
settlers,  and  to  appoint  officers,  but  also  required  him 
to  hold  assemblies  of  the  people  for  legislation. 

At  the  date  of  Penn's  charter,  there  were  within 
Settlements  by  the  limits  of  his  province  some  Dutch  and 
Penn-  Swedes;  and  he  soon  obtained  from  the 

Duke  of  York  a  cession  of  the  lower  counties,  as  they 
were  called,  on  the  Delaware.  Penn  immediately  sent 
out  a  colony  under  a  deputy  governor.  The  next  year 
he  came  himself ;  and  the  country  along  the  river  was 
rapidly  filled  by  Quakers  from  England  and  the  Conti- 
nent. No  other  colony  grew  so  rapidly,  nor  from  the 
beginning  was  so  flourishing. 

Penn  very  early  divided  the  province  into  counties, 
Government  from  each  of  which  delegates  were  chosen 
under  Penn.  ^fa  to  the  provincial  council  and  to  the 
assembly.  The  council  consisted  of  eighteen  persons 
chosen  by  ballot  by  the  freemen  of  the  counties  for 
three  years,  one-third  retiring  annually.  This  body, 
with  the  governor  or  deputy  governor,  who  presided, 
had  power  to  prepare  all  bills,  and  propose  them  to  the 
assembly,  together  with  the  general  executive  power, 
the  management  of  the  finances  and  of  schools,  and 
the  establishment  of  courts  of  justice.  The  governor 
could  do  nothing  without  the  consent  of  this  body. 
The  assembly  consisted  of  a  large  number  of  delegates 
chosen  in  the  same  manner  as  the  councillors.  Judges, 
sheriffs,  coroners,  and  justices  of  the  peace  were  ap- 
pointed and  commissioned  by  the  governor.  The  pro- 
prietor made  no  change  in  the  form  of  government 
without  the  consent  of  the  council  and  assembly ;  but 
in  the  council  he  had  three  votes. 


THE  COLONIES  OF  PENNSYLVANIA  AND  DELAWARE.  123 

In  1684  Penn  returned  to  England,  leaving  the 
administration  of  affairs  in  the  hands  of 
the  provincial  council.  While  there,  dis- 
satisfied with  proceedings  at  home,  he  commissioned 
five  members  of  the  council  to  act  as  his  deputies  in 
transacting  executive  business ;  afterwards,  a  single 
deputy  governor  was  appointed.  About  this  time  the 
territories,  as  they  were  called,  —  that  is,  the  three  coun- 
ties on  the  lower  Delaware,  —  became  dissatisfied  with 
the  administration,  and  established  a  separate  legis- 
lature. 

In  1692,  by  William  and  Mary,  Penn's  province  was 
taken  from  him,  and  placed  under' the  jurisdiction  of 
the  royal  governor  of.  New  York ;  but  in  1696  Penn 
was  re-instated  in  his  proprietary  rights.  His  deputy, 
Markham,  to  satisfy  the  people,  who  were  not  quite 
contented  with  their  political  relations,  made  a  new 
frame  of  government.  The  number  of  change  in  Gov- 
members  of  the  council  and  assembly  was  eminent, 
diminished.  Freemen  were  required  to  be  twenty-one 
years  of  age,  to  have  resided  two  years  in  the  province, 
and  to  possess  certain  property.  The  assembly  was 

given  power  to  initiate  legislation,  submit- 

5         i  .„  ,,  .,    -  i     ,.  Freemen. 

ting  bills  to  the  council  lor  approbation. 

The  establishment  of  a  judiciary  was  in  the  hands  of 
the  assembly. 

Though  Penn's  government  seems  to  have  been,  on 
the  whole,  liberal,  the  people  were  always  i^jthejcjumgeg 
more  or  less  dissatisfied.     On  his  return  in  the  Govern- 
to  the  province,  in  1701,  he  gave  them  a  ment' 
new    charter    of    privileges,    extending    slightly    the 
powers  of  the  assembly,  and  also  giving  to  the  free- 
men the  privilege  of   nominating  to  him  persons  for 


124     CIVIL  GOVERNMENT  IN   THE   UNITED   STATES. 

sheriffs  and  other  inferior  officers.  The  territories,  which 
had  been  again  united  to  Pennsylvania,  were  given  per- 
mission to  have  a  separate  legislature,  which  they  availed 
themselves  of ;  and  they  remained  separate  to  this  ex- 
tent until  the  Revolution,  but  having  the  same  proprie- 
tary governor.  By  this  new  charter,  the  powers  of  the 
council  were  withdrawn,  and  the  governor  acted  alone. 
All  forms  of  religion  were  tolerated.  After  the  death 
of  Penn,  his  sons  inherited  his  proprietary  rights,  and 
appointed  deputy  governors  to  administer  the  govern- 
ment. There  was  a  council  named  by  the  proprietors, 
but  not  forming  a  branch  of  the  legislature  as  formerly. 
The  judges  were  appointed  by  the  deputy  governor ; 
but  all  salaries  were  granted  by  the  assembly,  which 
managed  the  revenues,  and  had  exclusive  control  over 
its  own  sessions.  Sheriffs  and  coroners  were  chosen 
by  the  people,  and  also  such  local  officers  as  assess- 
ors, overseers  of  the  poor,  and  pound-keepers.  The 
township  system  was  not  so  complete  as  in  New  Eng- 
land ;  but  the  principle  of  local  self-government  was 
recognized  and  acted  upon.  Thus  in  Pennsylvania  and 
Delaware  there  had  been  a  gain  in  the  extent  of  their 
political  privileges ;  and  they  continued  in  this  com- 
paratively independent  condition  until  the  Revolu- 
tion. 

MARYLAND. 

The  colonial  history  of  Maryland  is  especially  inter- 
esting because  it  presents  the  first  proprietary  govern- 
ment, the  first  royal  charter  granting  to  the  colonists  a 
voice  in  legislation,  and  the  first  example  of  complete 
religious  toleration.  Its  territory  was  granted  by 
Charles  I.  to  Lord  Baltimore,  a  Roman  Catholic  noble- 


THE   COLONY  OF   MARYLAND.  125 

man,  with  full  proprietary  rights  (1632).  He  might 
make  laws  with  the  advice,  consent,  and  Proprietary 
approbation  of  the  freemen  of  the  prov-  Charter, 
ince ;  but  the  laws  must  not  be  repugnant  to  the  laws 
of  England.  He  might  impose  taxes  for  his  own  bene- 
fit ;  and  the  king  agreed  that  no  tax  should  ever  be 
laid  upon  the  colony  by  royal  authority.  He  might 
establish  tribunals,  erect  churches,  and  control  ecclesi- 
astical affairs.  He  might  appoint  provincial  officers, 
repel  invasions,  and  suppress  insurrections.  All  these 
powers  were  to  be  hereditary  in  the  family  of  the  pro- 
prietor. It  is  a  striking  feature  of  the  times,  illustrat- 
ing the  feudal  ideas  that  still  prevailed,  that  the  king 
without  consulting  parliament  could  convey  to  a  sub- 
ject such  almost  kingly  powers. 

In  1634  the  first  settlement  was  made  by  a  company 
of  Catholics,  mostly  men  of  means.  The  Colonial  Assem- 
next  year  the  first  colonial  assembly  met,  blies- 
consisting  of  all  the  freemen  of  the  province.  There 
is  no  record  of  their  proceedings.  As  the  colony  in- 
creased, a  necessity  for  legislation  arose  ;  and  the  pro- 
prietor framed  a  code  of  laws,  which  he  sent  to  the 
governor  to  propose  to  the  freemen.  A  second  assem- 
bly was  called ;  and,  though  no  fault  was  found  with  the 
laws,  the  colonists  refused  to  allow  the  initiative  of  the 
proprietor,  and  would  not  ratify  the  code.  They  drew 
up  a  code  of  their  own  ;  but  this  was  never  ratified. 

In  1639  a  third  assembly  was  called ;  and  at  this  time 

the  representative  system  was  established.    . 

.   £  Representative 

Ihe  governor  might  personally  summon    System  Estab- 

such  persons  as  he  chose  ;  and  the  people    Hsned> 
might  send  as  many  delegates  as  the  freemen  should 
think  proper.     A  peculiar  provision  allowed  any  free- 
11* 


126    CIVIL  GOVERNMENT   IN   THE   UNITED   STATES. 

man  who  had  not  voted  for  a  deputy  to  have  a  seat  him- 
self in  the  legislature.  The  assembly  thus  consisted 
of  the  governor,  secretary,  those  specially  called,  and 
the  representatives,  called  burgesses.  These  were 
elected  from  counties.  All  sat  and  voted  as  one  body 
until  1649 ;  when  it  was  enacted  that  the  persons  called 
by  the  proprietor  should  form  an  upper  house,  and 
those  elected  by  the  colonists  a  lower  house,  each  hav- 
ing a  negative  upon  the  other. 

The  assembly  of  1639  established  a  judiciary  system, 

and  made  such  laws  as  were  necessary. 
Judiciary.  T       .    .,  , 

In  civil  cases  the  governor  was  made  sole 

judge.  Capital  crimes  were  to  be  tried  by  a  jury  before 
the  governor  and  his  council.  County  courts  were  also 
established.  The  assembly  remained  the  final  court  of 
appeal.  The  people  early  affirmed  the  principle  that 
no  taxes  should  be  imposed  without  the  consent  of  the 
assembly;  but  they  continued  to  maintain  the  most 
grateful  and  friendly  relations  to  the  proprietor. 

The  most  remarkable  enactment  was  that  which 
Religious Tol-  established  religious  freedom:  "No  per- 
eration.  son  within  this  province  professing  to 

believe  in  Jesus  Christ  shall  be  in  any  ways  troubled, 
molested,  or  discountenanced  for  his  or  her  religion,  or 
in  the  free  exercise  thereof."  The  only  other  colony 
which  at  this  time  professed  toleration  was  Rhode 
Island ;  and  there  Catholics  were  excepted.  The  colony 
grew  quite  rapidly ;  but  the  new-comers  were  mostly 
Protestants.  During  the  rule  of  Cromwell  and  the 
Puritan  party  in  England,  the  Protestants  acquired  the 
supremacy  in  the  provincial  assembly,  and  proceeded  to 
disfranchise  the  Catholic  settlers ;  but  toleration  was 
afterward  re-established. 


THE  COLONY   OF   MARYLAND.  127 

The  general  features  of  the  government  underwent 
no  important  change  until  the  Revolution.  Unlike  the 
more  northern  colonies,  the  people  were  unwilling  to 
gather  in  towns ;  and,  in  consequence,  churches  were 
few  and  poorly  sustained,  and  little  opportunity  was 
afforded  for  education. 

The  religion  of  the  proprietor  subjected  him  to 
constant  misrepresentation  and  injustice  ;  The  Royal  Gov- 
and  the  peace  of  the  colony  was  frequently  eminent, 
disturbed  by  quarrels  growing  out  of  religious  differ- 
ences. During  the  reign  of  William  and  Mary,  the  pro- 
prietor's political  rights  were  withdrawn,  and  a  royal 
governor  was  appointed.  The  province  was  divided  into 
parishes,  in  each  of  which  a  Protestant  minister  was  to 
be  appointed  by  the  governor,  and  supported  by  a  tax 
upon  all  the  inhabitants.  The  Church  of  England  was 
set  up,  and  Catholics  were  persecuted.  In  the  parishes, 
the  management  of  affairs  was  placed  in  the  hands  of 
vestries  elected  by  the  Protestant  inhabitants :  and  free 
schools  and  libraries  were  by  law  established  in  all 
the  parishes  ,  but  these  were  not  flourishing.  Such  local 
matters  as  in  New  England  devolved  upon  the  select- 
men were  in  Maryland  cared  for  by  the  parochial 
officers.  But  these  soon  ceased  to  be  elective,  and  not 
only  held  their  office  for  life,  but  filled  the  vacancies  in 
their  bodies  by  their  own  appointment.  After  a  sus- 
pension of  the  rights  of  the  proprietors  for  twenty-four 
years,  they  were  restored  to  a  descendant  of  Lord  Balti- 
more who  was  a  Protestant. 

SUMMARY. 

1.  The  territory  of  Delaware  was  settled  by  Swedes 
and  Dutch,  afterward  came  into  the  hands  of  the  Duke 
of  York,  and  was  by  him  ceded  to  William  Penn. 


128    CIVIL  GOVERNMENT   IN   THE   UNITED   STATES. 

2.  Pennsylvania  was  granted  to  Penn  by  Charles  II. , 
and  was  settled  by  English  Quakers  in  1681. 

3.  The  first  government  established  by  Penn  gave  to 
the  people  the  choice  of  a  legislative   assembly  and  an 
executive  council.     The  local  officers  were   appointed 
by  the  proprietor. 

4.  Subsequent   changes   were   made  in  the  govern- 
ment,  all   increasing   the  political    privileges   of    the 
people. 

5.  After  the  death  of  Penn,  his  son  inherited   his 
proprietary  rights,  and  exercised  his  authority  through 
a  deputy.     The  people  now,  in   their  assembly,  had 
complete  legislative  power,  and  controlled   their  own 
sessions  and   the   finances  of  the   colony.     They  also 
controlled  the  local  administration. 

6.  The  Delaware  counties  obtained  a  separate  legis- 
lature, but   had  the  same  executive  as  Pennsylvania. 
Both  remained  under  the  proprietor  until  the  Revolu- 
tion. 

7.  Maryland  was  settled  by  English  Catholics  under 
Lord  Baltimore,  who  received  proprietary  power  from 
Charles  I. 

8.  In  the   charter,  the  king  forever   exempted   the 
colonists  from  taxation  by  royal  authority. 

9.  The  people  were  represented  in  a  legislative  assem- 
bly, and  early  insisted  upon  making  their  own  laws, 
subject  to  the  approval  of  the  proprietor  or  his  deputy. 

10.  The  proprietor  established   religious   toleration, 
trial  by  jury,  and  local  courts  of  justice  ;  and  the  people 
claimed   exemption    from   taxes   levied   without   their 
consent. 

11.  During   the   reign   of    William   and   Mary,   the 
Church  of  England  was  established.     The  colony  was 


THE  COLONY  OP   MAKYLAND.  129 

divided  into  parishes  each  with  a  Protestant  minister 
supported  by  general  tax.  The  management  of  local 
affairs  came  into  the  hands  of  parish  officers  who  held 
their  place  for  life.  There  were  no  towns. 

12.  The    colony    remained    proprietary    until    the 
Revolution. 


CHAPTER    XVI. 

THE   SOUTHERN   COLONIES. 
VIRGINIA. 

THE  early  political  history  of  Virginia  is  the  history 
The  London  of  the  London  Company,  whose  forma- 
Company.  ^ion  we  have  already  noticed.  This  com- 

pany, to  which  was  given  the  power  to  transport 
settlers,  and  found  colonies,  was  placed  under  the  con- 
trol of  a  council  resident  in  England,  the  members  of 
which  were  appointed  by  the  king.  Local  affairs  in  the 
colony  were  to  be  managed  by  an  inferior  council  resi- 
dent in  the  colony,  the  members  likewise  appointed  by 
the  king.  Power  was  afterwards  given  to  this  council 
to  elect  a  president,  to  remove  members,  and  to  fill 
vacancies  in  its  .membership.  Judicial  power  was 
placed  in  the  hands  of  the  president  and  council ;  and 
they  also  had  such  legislative  functions  as  the  king  did 
not  himself  exercise.  The  settlers  had  no  political 
rights  whatever.  Property  was  to  be  held  in  common 
for  five  years.  Under  this  charter,  Virginia  received 
the  first  permanent  English  colony  (1607). 

The  object  of  the  company  was  solely  commercial 

profit ;  and  the  settlers  had  no  higher  mo- 

The  Colony.          7,  _.  .t,  „       ...  , 

tive.     They  came    without   families,    and 

with  no  intention  of  making  the  New  World  a  perma- 

130 


THE  COLONY  OF  VIRGINIA.  131 

nent  residence.  Community  of  property,  even  when  all 
the  members  of  society  are  well  disposed,  is  fatal  to  prog- 
ress ;  but  when  a  large  proportion  are  idle  and  vicious 
nothing  but  disaster  can  follow.  The  colony  suffered 
from  scarcity  of  food,  from  disease,  from  the  Indians, 
and  from  the  rivalries  and  jealousies  of  those  who  had 
been  appointed  to  the  council. 

In  two  years,  the  company  received  a  new  charter, 
which  enlarged  its  own  powers  without 
increasing  the  liberty  of  the  colonists. 
The  local  council,  with  its  president,  was  abolished. 
A  single  council  in  England  was  empowered  to  man- 
age all  colonial  affairs,  to  make  laws,  and  to  pro- 
vide for  their  execution.  The  king  had  less  power 
than  before  ;  but  the  colony  had  no  more.  Under  this 
charter,  governors  were  appointed,  who  administered  a 
military  code  of  laws  prepared  in  England,  making 
such  additions  to  it  as  they  pleased.  This  absolute 
power*  in  the  hands  of  wise  and  well-meaning  men, 
promoted  the  prosperity  of  the  colony ;  but  it  gave  to 
unprincipled  men  opportunity  for  the  greatest  injus- 
tice. 

The  company  in  England  changed  from  an  aristo- 
cratic to  a  democratic  body,  the  council  The  Colonial 
being  abolished,  and  all  business  trans-  Assembly, 
acted  in  general  meetings.  This  change  proved  favor- 
able to  the  political  interests  of  the  colony ;  and, 
in  1619,  a  governor  was  appointed,  limited  in  his 
executive  authority  by  a  council  also  appointed  by  the 
company.  He  found  existing  seven  distinct  planta- 
tions, to  which  he  added  four  more,  composed  of 
new  settlers.  In  each  of  these  was  a  commandant, 
who  was  chief  of  the  militia,  and  civil  magistrate. 


132     CIVIL  GOVERNMENT   IN   THE    UNITED   STATES. 

From  each  of  these  plantations,  were  summoned  two 
representatives,  called  burgesses;  and  these,  with  the 
governor  and  council,  constituted  the  first  colonial 
legislature  in  America. 

The  company,  in  1621,  gave  to  the  colony  a  written 
The  Consti-  constitution.  This  provided  that  all  laws 
tution.  made  by  the  assembly,  to  be  valid,  should 

be  ratified  by  the  company,  and  that  the  regulations  of 
the  company  should  also  be  submitted  to  the  assembly. 
Trial  by  jury  was  also  established.  The  governor  and 
council  acted  as  a  court  of  law ;  but  appeals  might  be 
made  to  the  assembly,  and  from  that  body  to  the  com- 
pany. The  established  religion  had  been  from  the  first 
that  of  the  Church  of  England.  Now  the  plantations 
were  divided  into  parishes,  in  each  of  which  a  clergy- 
man was  to  be  maintained  by  a  general  tax. 

During  the  next  few  years,  the  first  extant  ,laws  of 

Virginia  were  enacted.  In  every  planta- 
Legislation.  ^  ,  , 

tion  there  was  to  be  a  church  and  a  burial- 
ground.  Absence  from  public  worship  was  prohibited. 
No  taxes  were  to  be  levied  by  the  governor  without 
the  consent  of  the  assembly  ;  and  the  same  limitation 
was  made  to  the  expenditure  of  public  money.  Thus 
early  did  Virginia  declare  the  great  principles  of  politi- 
cal liberty. 

In  every  parish,  three  men  were  to  be  sworn  to  see 
Local  Govern-  that  each  settler  planted  and  tended  corn 
ment.  enough  for  his  family.  Each  parish  was 

also  to  have  a  granary,  to  which  every  settler  was  annu- 
ally to  bring  a  certain  amount  of  corn.  This  was  to 
be  distributed  by  vote  of  a  majority  of  the  freemen  of 
the  parish.  This  curious  provision  against  scarcity  is 
especially  important  as  showing  how  early  the  idea  of 


THE   COLONY   OF  VIRGINIA.  133 

intrusting  the  management  of  purely  local  affairs  to  the 
people  of  the  district  gained  a  foothold,  and  found  an 
expression. 

In  1624  the  company  charter  was  taken  away,  and 
the  government  of  the  colony  came  into  Becomes  a  Royal 
the  hands  of  the  king ;  but  there  was  no  Province, 
change  in  the  form  of  the  government.  In  1632  a 
new  code  of  laws  was  made,  which  resembled  in  many 
respects  those  more  stringent  enactments  for  which  New 
England  has  been  celebrated.  Attendance  at  church 
and  orderly  behavior  there,  temperance,  and  purity  were 
enjoined ;  and  persons  might  be  fined  for  not  catechising 
their  children  and  ignorant  persons  under  their  charge. 
The  voters  in  the  parish  received  power  to  lay  out  high- 
ways. The  election  of  judicial  and  executive  officers 
seems  to  have  been  in  the  hands  of  the  governor  and 
council. 

In  1643  some  important  changes  were  made.  Coun- 
ties were  established,  and  courts  set  up  to  Formation  of 
be  held  six  times  a  year  by  commissioners  Counties, 
appointed  by  the  assembly.  Parish  vestries  were 
required  to  be  organized,  the  vestrymen  to  be  chosen 
by  the  parishioners.  Soon  after  this,  a  new  and  perma- 
nent provision  was  made,  requiring  that  the  voters  in 
each  county  should  assemble  at  a  place  named  by  the 
sheriff,  and  give  their  votes  viva  voce  for  two  representa- 
tives in  the  house  of  burgesses.  This  was  an  imitation 
of  the  English  election  custom. 

For  a  few  years,  during  the  time  of  the  Common- 
wealth, the  assembly  elected  the  governor  Growth  of  an 
and  council,  and  Virginia  was  independ-  Aristocracy, 
ent;  but,  after  the  Restoration,  the  king  resumed  his 

authority.     Up  to  this  time,  the  political  institutions  of 
12 


134    CIVIL  GOVERNMENT  IN  THE  UNITED  STATES. 

Virginia  had  been  nearly  as  free  as  those  of  the  north- 
ern colonies  ;  but  now  a  change  took  place.  The  set- 
tlers had  scattered  over  a  large  territory  ;  and  the  few 
landholders  were  cultivating  extensive  tracts  by  means 
of  slaves  and  white  persons  bound  to  service.  These 
persons  came  now  to  have  all  political  power.  The 
parish  vestries  were  to  fill  their  own  vacancies ;  the 
county  courts  were  to  be  held  by  eight  justices  of  the 
peace  appointed  by  the  governor;  and  these  county 
courts  were  to  levy  the  county  taxes,  make  the  county 
by-laws,  and  appoint  the  surveyors  of  the  highways. 
Thus  the  local  administration,  which,  in  New  England, 
was  in  the  hands  of  the  town  officers  chosen  by  the 
people,  was  vested  in  county  officers  appointed  by  the 
governor.  Still  later  than  this,  a  law  was  made,  thafc 
none  but  householders  and  freeholders  should  have  a 
voice  in  the  election  of  burgesses. 

The  practical  working  of  the  system  is  described  in  a 
book  written  at  the  time.  "  On  each  of  the  great 
rivers  of  the  province  are  men,  in  number  from  ten  to 
thirty,  who  by  trade  and  industry  have  got  very  com- 
petent estates.  These  gentlemen  take  care  to  supply 
the  poorer  sort  with  goods  and  necessaries,  and  are 
sure  to  keep  them  always  in  their  debt,  and  conse- 
quently dependent  on  them.  Out  of  this  number,  are 
chosen  the  council,  assembly,  justices,  and  other  officers 
of  government."  It  is  said  that  the  same  causes  which 
tended  in  Virginia  to  build  up  a  local  aristocracy 
operated  also  in  Maryland. 

There  was  no  essential  change  in  the  form  or  prin- 
iple  of  government  until  the  Revolution.  There  were 
frequent  disputes  between  the  royal  governors  and  the 
assemblies  about  their  respective  powers,  just  as  there 


THE  COLONIES  OF  NORTH  AND   SOUTH   CAROLINA.    135 

were  in  all  the  provinces.  Virginia  was  one  of  the 
foremost  in  resisting  the  oppressive  commercial  meas- 
ures of  the  English  government ;  and  the  resolution  of 
independence  was  presented  by  her  delegates  in  the 
Continental  Congress. 

NORTH  AND  SOUTH  CAROLINA. 

These  two  colonies  had  so  much  in  common,  that  a 
description   of    the  political   features   of 
either  is  a  description  of  both.     The  terri- 
tory occupied  by  both  was  included  in  a  grant  made  by 
Charles  II.  to  eight  noblemen  (1663)  in  a  proprietary 
charter  copied  from  that  given  to  Lord  Baltimore. 

A  few  refugees  from  Virginia  had  occupied  the  soil 
about  the  Chowan  River ;  and  some  plant- 
ers from  Barbadoes  settled  at  the  mouth 
of  the  Cape  Fear.  To  each  of  these  companies,  the 
proprietor  gave  the  privilege  of  nominating  a  certain 
number  of  persons  from  whom  a  governor  and  council 
should  be  selected.  These,  with  an  assembly  chosen  by 
the  people,  should  form  the  government.  Another  set- 
tlement was  made  near  the  present  site  of  Charleston 
(1670).  This  was  governed  in  a  similar  manner. 
After  a  time  the  Cape  Fear  settlement  united  with 
that  at  Charleston. 

The  proprietors,  had  prepared  a  constitution  which 
embodied  the  worst  features  of  monarchical  The  Grand 
and  feudal  government.  It  was  so  com-  Model, 
plicated,  and  so  unsuited  to  the  character  and  circum- 
stances of  the  people,  that  it  was  never  put  into  execu- 
tion, though  some  attempts  were  made.  The  early 
history  is  full  of  disputes  between  the  colonies  and  the 
Agents  of  the  proprietors,  most  of  whom  used  their 


136     CIVIL  GOVERNMENT   IN   THE   UNITED   STATES. 

position  for  mercenary  ends.    After  about  twenty  years, 
the  Grand  Model,  as  it  was  called,  was  set  aside ;  but 
the  government  went  on  as  before.     Each  of  the  pro- 
prietors had  a  delegate  in  the  council  in  each  province. 
The  colonists  were  of  various  nationalities  and  sects ; 
and  considerable  trouble  arose  concerning 
religion.     The  proprietors  wished  to  estab- 
lish the  Church  of  England,  but  there  were  large  num- 
bers of  dissenters  of  different  names.     Sometimes  these 
were  allowed  equal  privileges  with  the  others  ;  but  ulti- 
mately Episcopacy  was  established,  and  was  supported 
by  law  until  the  Revolution. 

In  1705  the  colony  was  divided  into  parishes.     Until 
1716,  the  members  of  the  assembly  of  South 
Carolina  had  been  chosen  by  such  of  the 
freemen  as  chose  to  assemble  at  Charleston  for  the  pur- 
pose ;  but  in  this  year  the  parishes  were  made  election 
districts.     About  the  same  time,  the  northern  province 
was  also  divided  into  parishes  with  the  usual  officers. 

In  1720  the  people  rebelled  against  the  proprietary 
Eoyai  Govern-  government,  and  a  royal  governor  was  sent 
emments.  to  Charleston  ;  and  in  1729  the  whole  prov- 

ince was  purchased  by  the  crown,  and  separate  royal 
governors  were  appointed  for  the  two  colonies.  From 
this  time,  the  government  resembled  that  of  other  royal 
provinces.  It  is  impossible  to  present  a  picture  of  the 
early  political  life  of  either  of  these  colonies.  There 
are  no  records  of  the  mode  in  which  the  assemblies 
were  chosen  or  organized  ;  and  nothing  is  known  as  to 
the  qualifications  required  for  suffrage.  There  was 
never  so  large  a  number  of  indentured  white  persons 
as  in  Virginia ;  and  consequently  there  was  not  so  wide 
a  difference  in  social  and  political  rank  as  in  that  State. 


THE   COLONY   OF   GEORGIA.  137 

The  people  were  so  scattered  that  churches  and  schools 
could  not  be  maintained ;  and  there  was  less  local 
political  activity  than  in  the  more  densely  populated 
colonies. 

GEORGIA. 

Georgia  was  not  only  settled  last  of  the  thirteen 
colonies,  but  it  differed  from  them  all  in  its  Grant  to  Trus- 
early  civil  relations.  A  number  of  phil-  tees- 
anthropic  gentlemen  received  from  the  king  a  charter, 
vesting  in  them  as  trustees,  for  twenty-one  years,  the 
territory  between  the  Savannah  and  Altamaha  Rivers 
(1732).  Their  object  was,  to  provide  a  home  for  those 
unfortunate  persons  whom  failure  in  trade  and  other 
causes  had  brought  to  poverty,  and  upon  whom  the 
laws  of  England  pressed  with  most  unjust  severity. 

The  trustees  were  to  grant  small  portions  of  land  to 
settlers  of  this  class  whom    they  should 

.     T  .  ml  T  Administration. 

induce  to  emigrate.  There  were  to  be  no 
large  estates,  and  no  slavery  was  to  be  tolerated.  The 
trustees  received  the  whole  power  of  legislation.  The 
affairs  of  the  corporation  were  to  be  in  the  hands  of  a 
council ;  and  such  officers  as  were  necessary  were  to  be 
appointed  for  the  colony  by  this  council.  Beside  the 
English  poor,  the  colony  was  increased  by  German 
Protestants,  by  Scotch  Highlanders,  and  by  Moravians. 
The  government  by  the  council  having  proved  unsatis- 
factory, a  single  executive  officer  was  appointed,  styled 
president,  acting  with  whom  were  four  councillors. 

After  about  twenty  years,  a  colonial  assembly  was 
called,  not  to  legislate,  but  to  advise.     In     Royal  Govern- 
1751  the  trustees  surrendered  their  char-     ment- 
ter  to  the  crown ;  and  a  provincial  government  of  the 

12* 


138    CIVIL  GOVERNMENT  IN  THE   UNITED   STATES. 

usual  form  was  at  once  established,  and  continued  until 
the  Revolution. 

SUMMARY. 

1.  Virginia  was  settled  under  the  direction  of  the 
London  Compan}r. 

2.  At  first  the  king  controlled  the  affairs  of  the  com- 
pany, and  the  colonists  were  wholly  without  political 
privileges. 

3.  In  1621  the  colony  received  a  written  constitu- 
tion establishing  a  representative  assembly.     The  con- 
sent of  this  body  was  required  to  make  any  law  of  the 
company  valid.     Trial  by  jury  was  also  established. 

4.  The  assembly  early  declared  that  no  tax  could  be 
levied  without  its  consent,  and  assumed  the  right  to 
control  the  expenditure  of  the  public  money. 

5.  In  1624  the   colony  became  a  royal  province,  and 
continued  so  until  the  Revolution. 

6.  Local  administration  early  came  to  be  intrusted  to 
parish  officers :  afterward  it  was  vested  in  county  offi- 
cers appointed  by  the  governor. 

7.  Political  power  came  to  be  chiefly  in  the  hands  of 
the  wealthy  landholders. 

8.  The  territory  of  the   Carolinas  was  granted   by 
Charles  II.  to  eight  English  noblemen. 

9.  The  colonists  were  few  and  widely  scattered,  and 
could  not  be  governed  by  the  complicated  constitution 
made  by  the  proprietors.     In  each  colony  the  proprie- 
tors were  represented  by  a  governor,  and  the  people  by 
an  assembly. 

10.  The  colony  finally  became  a  royal  province,  gov- 
erned like  the  others. 

11.  The  people  always  guarded  their  liberty  jealous- 


THE   COLONY    OF   GEORGIA.  139 

ly,  and  resisted  all  attempts  of  the  proprietors  to  tax 
them. 

12.  Georgia  was  founded  as  a  refuge  for  the  poor  of 
England.     The  land,  at  first,  was  held  by  trustees,  who 
governed  the  people  arbitrarily. 

13.  Afterward  a  better  class  of  settlers  came ;  the 
king  assumed  control ;  and  the  colony  was  governed  like 
the  other  royal  provinces. 


CHAPTER  XVII. 

DECLARATION  OF  INDEPENDENCE. 

FEOM  the  beginning  of  colonial  history,  as  we  have 
seen,  there  had  been  disputes  between  the  home  gov- 
ernment and  the  colonies  concerning  their  respective 
authority.  At  first  Massachusetts  had  been  the  chief 
defender  of  colonial  claims ;  but  after  the  revolution  of 
1689  had  settled  political  affairs  in  England,  and  both 
parties  united  in  a  general  colonial  policy,  all  the  colo- 
nies were  strenuous  in  asserting  their  rights. 

During  all  their  history,  the  colonists  acknowledged 
Claims  of  the  themselves  subjects  of  England,  and  suc- 
Colonies.  cessively  proclaimed  the  Commonwealth 

and  the  sovereigns  who  followed  it.  They  admitted 
the  authority  of  Parliament  in  general  legislation,  and 
adopted  the  English  statutes  and  the  common  law  as 
far  as  their  local  circumstances  made  it  possible  to  do 
so.  They  were  willing  to  defend  the  person  and  terri- 
tory of  their  sovereign  against  foreign  enemies  to  the 
extent  of  their  means. 

On  the  other  hand,  they  claimed,  that,  in  emigrating 
to  America,  they  had  not  forfeited  any  of  the  rights  of 
English  subjects.  Foremost  of  these  were  those  con- 
ferred by  Magna  Charta,  trial  by  jury,  and  the  writ  of 
habeas  corpus.  Beside  these,  they  claimed  the  right  of 

140 


DECLARATION    OF    INDEPENDENCE.  141 

making  their  own  laws,  not  repugnant  to  laws  of  Eng- 
land, through  their  representatives  freely  chosen ;  and 
especially  they  insisted,  as  Englishmen,  that  no  tax 
should  be  imposed  upon  them  but  such  as  they  freely 
voted  in  their  local  assemblies.  Massachusetts,  through 
all  her  early  history,  claimed  the  right  of  ultimate  judi- 
cial decision  in  all  cases  whatsoever,  and  denied  the 
legality  of  appeal  to  any  English  authority. 

The  sovereigns  of  the  Stuart  family,  who  had  little 

respect  for  the  rights  of  Englishmen   at  _ 

,  ,    .  English  View  of 

home,  could  hardly  be  expected  to  treat  American 

these  claims  of  their  American  subjects  Claims- 
with  much  more  consideration.  They  had  some  pretext 
for  their  arbitrary  measures  in  the  complaints  and  peti- 
tions that  were  continually  urged  upon  their  notice. 
The  restrictive  policy  of  the  Massachusetts  colonies  made 
them  many  enemies.  The  friends  of  Episcopacy  com- 
plained that  the  acts  of  supremacy  and  uniformity  were 
set  at  naught ;  Baptists  and  Quakers,  that  they  were 
persecuted  and  banished  ;  Mason  and  Gorges,  that 
their  authority  had  been  usurped,  and  their  chartered 
rights  infringed ;  Rhode  Island,  that  Massachusetts  was 
grasping  and  bigoted  ;  and  the  London  merchants,  that 
the  navigation  acts  were  openly  violated.  All  united 
in  the  assertion  that  the  people  of  Massachusetts  Bay 
were  disloyal,  and  only  waiting  a  favorable  opportunity 
to  dissolve  their  allegiance,  and  set  up  for  themselves. 
In  consequence  of  these  calumnies,  Massachusetts  lost 
her  original  charter ;  but  her  misfortune  was  soon  shared 
by  all  the  northern  colonies.  When,  under  James  II., 
popular  government  ceased  to  exist  in  England,  all 
colonial  rights  were  suspended. 

Soon  after  the  accession  of  William  and  Mary,  a  more 


142     CIVIL   GOVERNMENT   IN   THE   UNITED    STATES. 

definite  policy  was  adopted.  Previous  to  this  time,  the 
control  of  American  affairs  had  been  in  the  hands  of 
Restrictive  Colo- tne  P^J  council  of  the  king,  or  of 
nial  Policy.  commissioners  appointed  by  that  body. 
About  1700  Parliament  took  control  of  the  adminis- 
tration of  the  colonies,  and  began  a  series  of  restrictive 
measures  designed  to  cripple  colonial  industry,  and 
increase  the  dependence  of  the  provinces  upon  the 
mother  country. 

The  navigation  acts  had  always  been  a  source  of 
Navigation  trouble  between  the  two  countries.  In 
Acts-  1651  the  Long  Parliament,  aiming  a  blow 

at  Dutch  commerce,  enacted  that  no  goods  should  be 
imported  into  England  but  in  English  ships,  or  in  ships 
belonging  to  the  nation  where  the  goods  were  pro- 
duced. This  statute  was  not  enforced  against  the  colo- 
nists. The  first  parliament  after  the  Restoration 
re-enacted  this  law  with  most  important  additions.  It 
was  ordered  that  no  merchandise  should  be  imported 
into  the  colonies  but  in  English  vessels  navigated  by 
Englishmen.  Such  American  products  as  would  not 
compete  with  those  of  England  were  forbidden  to  be 
exported  to  any  but  English  ports.  Sugar,  tobacco, 
ginger,  indigo,  cotton,  and  dyewoods  were  included  in 
this  class.  Other  articles  which  might  also  be  pro- 
duced in  England  could  only  be  sold  in  ports  south  of 
Cape  Finisterre.  Soon  another  law  required  that  all 
European  commodities  imported  into  the  colonies 
should  be  in  English  ships  from  England.  The  colo- 
nists were  thus  compelled  to  buy  and  sell  in  England, 
in  order  to  build  up  the  interests  of  English  merchants. 
Officers  were  stationed  in  the  colonial  ports  to  enforce 
these  regulations.  The  first  attempt  to  cripple  the 


DECLARATION   OF   INDEPENDENCE.  143 

manufacturing  interest  of  the  colonies  was  by  a  statute 
of  William  III.,  forbidding  the  exportation  of  wool  and 
woollen  goods  out  of  the  colonies,  or  from  one  colony  to 
another.  Next  the  manufacture  of  hats  was  forbidden  ; 
and  in  1733  a  heavy  duty  was  imposed  upon  the  pro- 
ducts of  the  West  Indies  imported  into  the  colonies. 
Meanwhile  the  royal  governors  were  in  frequent  collis- 
ion with  the  colonial  assemblies.  In  Massachusetts, 
there  were  long  disputes  about  salary.  The  General 
Court  insisted  upon  voting  the  governor's  allowance 
annually,  and  regulated  its  amount  by  his  disposition 
towards  them.  In  New  York,  freedom  of  the  press  was 
the  principal  question  at  issue. 

In  1764  the  celebrated  Declaratory  Resolves  were 
presented  in  the  House  of  Commons.  Declaratory 
These  resolutions  announced  the  intention  Resolves, 
of  the  government  to  raise  a  revenue  in  the  colonies  by 
a  stamp  tax.  This  met  with  the  most  strenuous  oppo- 
sition from  the  colonists  ;  and  when,  in  the  next  year, 
the  Act  passed,  it  occasioned  the  first  open  resistance. 
The  story  of  the  next  ten  years  is  too  familiar  to  be 
repeated  here.  The  opposition  of  the  colonies  only 
served  to  strengthen  the  determination  of  the  British 
government ;  and,  as  the  scheme  of  taxation  became 
more  and  more  fully  developed,  the  purpose  of  the 
colonists  to  resist  acquired  defmiteness,  and  became 
nearly  universal. 

When  the  coercive  measures  of  the  goverment  forced 
the  colonists  into  the  war  of  the  Revolu-  pr0gress  of  in- 
tion,  the  royal  officers  were  obliged  to  dependence, 
withdraw.  This  necessitated  temporary  arrangements ; 
and  in  all  the  colonies  provisional  governments  were 
established.  During  the  year  1775,  while  the  country 


144     CIVIL  GOVEKNMENT  IN  THE   UNITED   STATES. 

was  everywhere  preparing  to  resist  the  forces  of  the 
British  government,  the  thought  of  independence  was 
not  tolerated.  To  defend  their  rights  until  reconcilia- 
tion could  be  effected,  and  arbitrary  measures  repealed, 
was  the  only  purpose  of  the  mass  of  the  colonists.  But 
when  all  their  petitions  had  been  disregarded,  or  treated 
with  contempt ;  when  the  king  had  publicly  proclaimed 
them  rebels,  had  said  in  private,  "  I  am  unalterably  de- 
termined at  every  hazard,  at  the  risk  of  every  conse- 
quence, to  compel  the  colonies  to  absolute  submission," 
and  when  he  had  hired  German  troops  to  carry  out  this 
purpose,  —  the  tone  of  public  sentiment  changed  ;  and 
throughout  the  country  the  one  subject  of  thought  was 
independence. 

Several  months  elapsed  before  the  minds  of  the 
people  were  fully  prepared  for  the  impor- 
tant step;  and  at  the  last  moment  there 
was  a  strong  party  which  thought  the  time  had  not 
come.  Meantime,  one  by  one,  the  several  colonial 
assemblies  gave  their  voice  for  independence.  Ban- 
croft says,  "  Comprehensive  instructions  reaching  inde- 
pendence, though  not  using  the  word,  had  been  given 
by  Massachusetts  in  January ;  by  South  Carolina  in 
March ;  by  Georgia,  April  5  ;  North  Carolina  on  the 
fourteenth  of  April  expressly  declared  in  favor  of  inde- 
pendence ;  Rhode  Island,  May  14  ,•  Virginia,  May 
15 ;  Connecticut,  June  14  ;  New  Hampshire,  June 
15  ;  New  York,  June  21 ;  Pennsylvania,  June  28  ; 
Delaware,  June  15.  In  May  the  assembly  of  Vir- 
ginia instructed  her  delegates  in  Congress  to  propose  a 
declaration  of  independence  ;  and  accordingly,  on  the 
seventh  of  June,  Richard  Henry  Lee  proposed  the  fol- 
lowing resolution :  "  That  these  United  Colonies  are  and 


DECLARATION   OF    INDEPENDENCE.  145 

of  right  ought  to  be  free  and  independent  states,  that 
they  are  absolved  from  all  allegiance  to  the  British 
crown,  and  that  all  political  connection  be-  Resolution 
tween  them  and  the  state  of  Great  Britain  Proposed, 
is  and  ought  to  be  totally  dissolved."  This  resolu- 
tion was  discussed  on  the  eighth,  postponed  until  the 
eleventh,  and  then  postponed  three  weeks,  and  a  com- 
mittee was  appointed  to  prepare  a  formal  declaration 
meantime. 

On  the  first  of  July,  the  resolution  came  before  Con- 
gress again  for  discussion.  The  vote  was  Resolution 
taken  on  the  next  day,  and  twelve  colonies  Adopted, 
voted  in  favor.  New  York  did  not  vote.  On  the  two 
succeeding  days,  Congress  discussed  the  draft  of  a  decla- 
ration which  Jefferson  had  written  for  the  committee, 
and  on  the  fourth  it  was  adopted  by  twelve  States. 

(For  copy  of  Declaration  see  Appendix.) 
u 


PART  III. 
STATE   GOVERNMENTS. 


CHAPTER  XVm. 

ESTABLISHMENT    OF    STATE    GOVERNMENTS. 

Soon  after  the  formation  of  French  settlements  in 
Canada,  explorations  began  about  the  Early  settlements 
lower  lakes,  and  trading-posts  were  es-  ^  &e  Northwest, 
tablished  at  convenient  places .  These  became  the  head- 
quarters of  fur  traders,  and  at  the  same  time  the  cen- 
tres of  missionary  influence  among  the  Indian  tribes. 
It  was  not  long  before  the  Jesuit  missionaries  had  ex- 
plored the  upper  lakes.  They  selected  the  spots  where 
the  Indians  gathered  in  the  largest  numbers,  and  in 
1668  established  a  mission  at  Sault  Ste.  Marie,  and  in 
1671  another  at  Mackinaw.  They  also  discovered  the 
mineral  wealth  about  Lake  Superior,  and  in  1670,  at 
Sault  Ste.  Marie,  the  governor  of  Canada,  with  great 
pomp,  formally  took  possession  of  the  whole  country 
about  the  lakes  in  the  name  of  the  King  of  France. 

In  1673  Fathers  Marquette  and  Joliet,  leaving  the 
recently  formed  mission  at  Green  Bay,  crossed  to  the 
Wisconsin,  and  sailing  down  that  river  discovered  the 
Mississippi.  On  their  return  they  sailed  up  the  Illi- 
nois River,  and  thence  crossed  to  Lake  Michigan. 

Thus  the  French  became  acquainted  with  the  whole 
region,  and  they  gradually  established  fortified  posts  at 


149 


150      CIVIL   GOVERNMENT    IN    THE    UNITED    STATES. 

important  points.  Around  some  of  these  a  few  settlers 
gathered,  but  they  were  chiefly  occupied  by  soldiers, 
fur  traders,  and  priests.  In  1760  prominent  posts 
existed  at  Sandusky  in  Ohio  ;  at  Vincennes  in  Indiana  ; 
at  Kaskaskia  in  Illinois  ;  at  Green  Bay  and  Prairie  du 
Cliien  in  Wisconsin  ;  at  Detroit  and  Mackinaw  in  Michi- 
gan. There  were  besides  these  a  few  smaller  settle- 
ments at  other  places.  The  whole  region  was  subject 
to  the  French  governor  of  Canada,  and  was  under 
military  control. 

In  what  is  known  in  American  history  as  the  French 
Change  of  Owner- and  Indian  war,  France  and  England 
shiP-  were  contending  for  supremacy  in  Ameri- 

ca. The  war  resulted  in  the  surrender  by  France 
in  1763  of  all  its  claims  in  Canada  and  the  Northwest. 
At  the  close  of  the  Revolutionary  war,  Great  Britain 
gave  up  the  part  of  this  territory  south  of  the  great 
lakes  to  the  United  States. 

Most  of  this  territory  was  included  in  the  colonial 
Ordinance  of  charters  or  proprietary  grants  of  Massachu- 
1787<  setts,  Connecticut,  New  York  and  Virginia. 

Previous  to  the  year  1787,  these  States  ceded  their 
jurisdiction,  and,  with  a  few  exceptions,  their  title  to 
the  soil,  to  the  United  States.  In  1787  the  congress  of 
the  Confederation  passed  an  act  for  the  government  of 
the  territory  included  between  Pennsylvania  and  the 
Mississippi  river,  and  between  the  Ohio  river  and  the 
lakes. 

This  act  provided  for  the  appointment  of  a  governor, 
a  secretary,  and  three  judges,  by  congress.  These  offi- 
cers were  to  select  from  the  laws  of  the  original  States 
such  as  they  deemed  necessary  for  the  territory,  and 


ESTABLISHMENT   OF   STATE    GOVERNMENTS.       151 

were  to  publish  them,  with  the  approval  of  congress. 
When  the  territory  contained  five  thousand  free  male 
inhabitants  of  full  age,  a  legislative  assembly  was  to  be 
organized,  consisting  of  the  governor,  a  council  of  five 
appointed  by  congress,  and  a  house  of  representatives 
elected  by  the  people.  By  this  act,  also,  slavery  was  pro- 
hibited ;  religious  and  personal  liberty  were  guaran- 
teed ;  and  it  was  provided  that  there  should  be  formed 
from  the  Territory  not  less  than  three  nor  more  than 
five  States,  each  of  which  should  be  admitted  to  the 
Union  when  it  contained  sixty  thousand  inhabitants. 

Soon  after  the  passage  of  the  ordinance  the  officers 
were  appointed,  and  in  1788  the  first  gov- 
ernor assumed  his  office  at  Marietta,  where 
the  first  English  settlement  had  recently  been  formed. 
From  that  time  the  country  was  rapidly  colonized,  and 
in  1799  the  population  had  become  sufficient  to  have  a 
legislature,  which  was  chosen  in  that  year.     In  1802  a 
constitution  was  formed  by  a  convention  chosen  for  the 
purpose,  and  in  1803  the  State  of  Ohio  was  admitted  to 
the  Union. 

In  1800  the  Northwest  Territory  was  divided,  and 
the  western  part  was  called  the  Territory 
of  Indiana.  This  was  governed  by  a 
governor,  a  secretary,  and  judges,  appointed  by  the  Pres- 
ident of  the  United  States.  They  appointed  the  local 
officers,  and  acted  as  a  legislative  council.  In  1805  the 
Territory  was  divided,  and  the  Territory  of  Michigan 
was  established.  In  the  same  year  the  first  legislature 
of  Indiana  met.  In  1809  the  Territory  of  Illinois  was 
formed  from  the  western  part.  In  1816,  the  people 
having  formed  a  constitution,  Indiana  was  admitted  to 
the  Union  as  a  State. 


152      CIVIL    GOVERNMENT    IN    THE    UNITED    STATES. 

Having  been  set  off  from  Indiana  in  1809,  Illinois 
was  governed  as  the  other  Territories  had 
been,  until  1818,  when  it  was  admitted  to 
the  Union  as  a  State. 

From  1805  Michigan  had  the  usual  form  of  territorial 
government  until  1835,  when  a  constitution 
was  formed  and  a  state  government  organ- 
ized.    In  1837  the  State  was  admitted  to  the  Union. 
Iowa  formed  a  part  of  the  territory  purchased   of 
France  by  the  United  States  in  1803.     In 
1834  all  of  this  territory  north  of  Missouri 
was  united  for  government  to  the  Territory  of  Michigan. 
In  1838  Iowa  was  made  a  separate  Territory,  and  in 
1846  it  was  admitted  to  the  Union  as  a  State. 

In  1836  the  Territory  of  Wisconsin  was  formed  from 
that  of  Michigan,  and  in  1848,  the  people 
having  formed  and  ratified  a  constitution, 
the  State  was  admitted  to  the  Union. 

This  State  was  formed  partly  from  the  territory  ac- 
quired from  France,  and  partly  from  the 
Minnesota. 

Northwest  Territory.  A  territorial  gov- 
ernment was  organized  in  1849,  and  in  1858  the  State 
was  admitted  to  the  Union. 

BILLS    OF     RIGHTS. 

The  constitution  of  each  State  begins  with  a  declara- 
tion of  those  rights  of  the  people  which  the  instrument 
is  intended  to  secure  to  them.  The  most  important  of 
these  are  the  following  : — 

The  inherent  right  of  the  people  to  make  and  alter 
their  own  form  of  government ; 

The  right  to  assemble  peaceably  for  discussion,  and 
to  petition  the  government ; 


BILLS    OF   RIGHTS.  153 

Freedom  of  worship,  of  speech,  and  of  the  press ; 

The  right  of  every  person  to  free,  complete,  and 
prompt  justice,  according  to  law  ; 

The  right  to  trial  by  jury,  to  the  writ  of  habeas  cor- 
pus,  and  to  be  heard  and  to  summon  witnesses  in  self- 
defence  ; 

Exemption  from  unreasonable  search  and  seizure  of 
person  and  effects,  from  excessive  bail,  from  cruel  and 
unusual  punishments,  and  from  martial  law. 

Slavery  is  prohibited,  as  are  also  imprisonment  for 
debt,  bills  of  attainder,  and  ex  post  facto1  laws. 

Private  property  may  not  be  taken  for  public  use 
without  just  compensation. 

It  will  be  observed  that  these  rights  are  the  same 
that  had  been  asserted  by  Magna  Charta,  by  the  Peti- 
tion of  Eight,  and  by  the  Bill  of  Rights  signed  by 
William  and  Mary.  They  were  contended  for  by 
Englishmen  for  six  hundred  years,  and  by  the  American 
colonists  for  a  century  and  a  half.  They  were  finally 
secured  by  the  war  of  Independence  ;  and  since  that 
each  new  State  has  formally  declared  them  in  its  consti- 
tution. 

1    See  pp.  287,  288. 


CHAPTER  XIX. 

THE    LEGISLATIVE     DEPARTMENT. 

In  each  of  the  States  the  legislative  department  con- 
sists of  two  branches  ;  a  senate,  and  a  house  of  repre- 
sentatives, or  assembly.  Sometimes  the  whole  legisla- 
ture is  called  the  General  Assembly.  The  legislatures 
of  the  several  States  differ  chiefly  in  the  number  and 
qualifications  of  the  members,  the  term  of  service,  and 
the  time  of  meeting.  These  differences  will  appear  in 
the  following  paragraphs,  after  which  those  features 
that  they  have  in  common  will  be  described. 

OHIO. 

The  number  of  members  of  each  branch  of  the  leg- 
islature is  proportioned  to  the  population  of  the  State. 
Every  ten  years  the  whole  number  of  people  in  the 
State  is  divided  by  one  hundred.  The  quotient  is 
called  the  ratio  of  representation.  The  number  of 
representatives  for  each  county  is  ascertained  by  the 
dividing  the  whole  population  of  the  county  by  the 
ratio  ;  but  a  county  whose  population  equals  half  the 
ratio  may  have  one  representative  ;  and  a  county  whose 
population  equals  once  the  ratio  and  three-fourths  of  the 
ratio  more  may  have  two  representatives.  Fractional 
parts  of  the  ratio  entitle  a  county  to  a  representative 

15 1 


THE   LEGISLATIVE    DEPARTMENT.  155 

for  one  or  more  of  the  next  ten  years  according  to  the 
size  of  the  fraction.  The  senatorial  ratio  is  found  by 
dividing  the  whole  number  of  people  by  thirty-five. 
The  State  is  divided  into  thirty-three  districts,  and  the 
senators  are  apportioned  among  these  as  the  represen- 
tatives are  among  the  counties. 

Each  member  of  the  legislature  must  have  resided 
in  the  county  or  district  from  which  he  is  chosen  for  one 
year  next  preceding  his  election.  The  term  of  office  is 
two  years.  The  legislature  meets  biennially  on  the 
first  Monday  in  January. 

INDIANA. 

The  senate  consists  of  fifty  members,  and  the  house 
of  representatives  of  one  hundred.  Once  in  six  years 
the  senators  and  representatives  are  distributed  among 
the  counties  in  the  proportion  which  the  number  of 
white  male  citizens  over  twenty-one  years  of  age  in  the 
county  bears  to  the  whole  number  of  such  persons  in 
the  State. 

Each  member  of  the  legislature  must  be  a  citizen  of 
the  United  States,  and  must  have  resided  in  the  county 
from  which  he  is  elected  for  two  years  next  preceding 
his  election.  A  senator  must  have  attained  twenty-five 
years  of  age,  and  a  representative  twenty-one  years. 

The  senators  are  chosen  for  four  years  and  the  rep- 
resentatives for  two  years.  The  legislature  meets  bi- 
ennially on  the  Thursday  next  after  the  first  Monday  in 
January. 

ILLINOIS. 

Once  in  ten  years  the  whole  number  of  people  in  the 
State  is  divided  by  fifty-one  for  a  ratio  of  representa- 


156       CIVIL   GOVERNMENT   IN    THE    UNITED    STATES. 

tion.  The  legislature  then  divides  the  State  into  fifty- 
one  districts,  equal  in  population  as  nearly  as  may  be. 
In  each  of  these  districts  the  people  elect  one  senator 
and  three  representatives.  In  electing  representatives 
the  voter  may  cast  three  votes  for  one  candidate,  or 
one  for  each  of  three  candidates,  or  divide  his  three 
votes  among  the  candidates  in  any  way  he  chooses. 

Each  member  of  the  legislature  must  have  been  a 
citizen  of  the  United  States  for  five  years,  and  a  resi- 
dent of  his  district  for  two  years,  next  preceding  his 
election.  A  senator  must  have  attained  twenty-five 
years  of  age,  and  a  representative  twenty-one  years. 
The  senators  are  chosen  for  four  years,  and  the  repre- 
sentatives for  two  years.  One-half  the  senators  retire 
every  two  years. 

The  legislature  meets  biennially  on  the  Wednesday 
next  after  the  first  Monday  in  January. 

MICHIGAN. 

The  senate  consists  of  thirty-two  members,  and  the 
house  of  representatives  of  one  hundred.  Once  in  five 
years  the  legislature  divides  the  State  into  thirty-two 
senatorial  districts,  according  to  population.  At  the 
same  time  the  representatives  are  apportioned  among 
the  counties  according  to  population.  If  any  county  is 
entitled  to  more  than  one  representative  it  is  divided  into 
districts  by  the  county  supervisors,  but  no  township  or  i 
city  may  be  divided. 

Each  member  of  the  legislature  must  be  a  citizen  of 
jhe  United  States,  and  must,  when  elected,  be  a  legal 
roter  in  the  county  or  district  from  which  he  is  chosen. 
The  term  of  service  of  senators  and  representatives  is 
two  years.  The  legislature  meets  biennially  on  the  first 
Wednesday  in  January. 


THE    LEGISLATIVE    DEPARTMENT.  157 

WISCONSIN. 

The  constitution  declares  that  the  number  of  mem- 
bers of  the  assembly  shall  not  be  less  than  fifty-four 
nor  more  than  one  hundred,  and  the  number  of  sena- 
tors not  more  than  one-third  nor  less  than  one-fourth 
of  the  number  of  representatives.  Once  in  five  years 
the  legislature  divides  the  State  into  districts,  accord- 
ing to  population,  from  each  of  which  one  representa- 
tive is  chosen.  At  the  same  time  the  State  is  divided 
into  large  districts,  from  each  of  which  a  senator  is 
chosen. 

Each  member  of  the  legislature  must  have  resided  in 
the  State  one  year  next  preceding  his  election,  and 
must,  when  chosen,  be  a  legal  voter  in  his  district. 
The  senators  are  chosen  for  two  years,  one-half  retiring 
annually ;  the  representatives  are  chosen  annually. 
The  legislature  meets  annually  on  the  second  Wednes- 
day of  January. 

IOWA. 

The  senate  cannot  consist  of  more  than  fifty  mem- 
bers, nor  the  house  of  representatives  of  more  than  one 
hundred.  Every  ten  years,  a  census  having  been  taken, 
the  legislature  apportions  the  senators  and  representa- 
tives among  the  counties  according  to  their  population. 
Counties  whose  population  is  too  small  to  entitle  them 
to  a  representative  are  grouped  into  districts. 

Each  member  of  the  legislature  must  be  a  white 
citizen  of  the  United  States,  and  must  have  resided  in 
the  State  one  yetir,  and  in  the  county  or  district  sixty 
days,  next  preceding  his  election.  Senators  must  have 
attained  twenty-five  years  of  age,  and  representatives 


158      CIVIL    GOVERNMENT    IN    THE    UNITED     STATES. 

twenty-one  years.  Senators  are  chosen  for  four  years* 
one-half  retiring  every  two  years.  Representatives  are 
chosen  for  two  years.  The  legislature  meets  biennially 
on  the  second  Monday  in  January. 

MINNESOTA. 

The  senate  consists  of  forty-one  members,  and  the 
house  of  representatives  of  one  hundred  and  six.  The 
number  is  fixed  by  the  legislature.  The  constitution 
provides  that  there  shall  not  be  more  than  one  senator 
for  each  five  thousand  inhabitants,  nor  more  than  one 
representative  for  each  two  thousand  inhabitants. 
Every  five  years  the  legislature  re-apportions  the  sen- 
ators and  representatives  equally,  as  nearly  as  may  be, 
according  to  population. 

Every  member  of  the  legislature  must  be  a  legal 
voter  in  the  State,  and  must  have  resided  in  the  State 
one  year,  and  in  his  district  six  months,  next  preceding 
his  election.  The  senators  are  chosen  for  two  years, 
one-half  retiring  annually.  The  representatives  are 
chosen  for  one  year.  The  legislature  meets  annually 
on  the  Tuesday  next  after  the  first  Monday  in  January. 

GENERAL     PROVISIONS. 

The  constitutions  of  all  these  States  prohibit  persons 
Limitations  upon  holding  oifice  under  the  United  States, 
Membership.  anci  aiso  those  holding  lucrative  State  offi- 
ces, from  being  members  of  the  legislature.  Officers  of 
the  militia,  justices  of  the  peace,  and  notaries-public 
are  not  considered  as  holding  lucrative  offices. 


GENERAL   PROVISIONS.  159 

Each  house  is  the  judge  of  the  election  and  qualifica- 
tion of  its  own  members ;  that  is,  if  a  Privileges  of 
question  arises  between  two  persons  as  to  Each  House, 
which  is  legally  elected  to  either  house,  the  members  of 
that  house,  after  proper  investigation,  decide  between 
them,  and  this  decision  is  final.  Each  house  chooses 
its  own  officers,  except  the  president  of  the  senate,  and 
establishes  its  own  rules  of  proceeding.  It  may  also 
punish,  and,  by  consent  of  two-thirds  of  the  members, 
may  expel  a  member.  It  may  punish  by  a  short  im- 
prisonment persons,  not  members,  who  are  guilty  of 
disrespect  by  disorderly  conduct,  or  by  attempting  to 
bribe  the  members,  or  by  refusing  to  testify  before 
committees  of  the  house. 

In  Indians,  and  Minnesota  revenue  bills  must  origi- 
nate in  the  house  of  representatives.  This  provision 
had  its  origin  in  England,  where  such  bill  must  originate 
in  the  house  of  commons.  In  the  other  States  any  bill 
may  originate  in  either  house. 

The  members  of  the  legislature  are  free  from  arrest 
except  for  treason,1  felony,2  and  breach  of  Privileges  of 
the  peace,3  during  the  sessions  of  the  legis-  Members, 
lature  and  while  going  to  and  returning  from  the  same. 
This  provision  also  had  its  origin  in  England,  where  it 
frequently  happened  in  former  times  that  prominent 
members  of  parliament  were  arrested  by  officers  of  the 
crown,  and  thus  prevented  from  acting  against  the  sove- 
reign. 

1  Treason  "consists  in  levying  war  against  the  State,  or  in  adhering  to  its 
enemies,  giving  them  aid  or  comfort." 

2  Felony— usually  any  crime  punishable  by  death  or  by  imprisonment  in  the 
State  prison  or  penitentiary. 

3  Breach  of  the  Peace— "a.  violation  of  the  public  order." 


160       CIVIL    GOVERNMENT    IN    THE    UNITED    STATES. 

At  the  opening  of  the  session  of  the  legislature,  the 
Oath  of  Office.  members  of  each  house  take  an  oath  to  sup- 
port the  constitution  of  the  United  States,  and  the  con- 
stitution of  the  State,  and  to  perform  faithfully  the  duties 
of  the  office  to  which  they  have  been  elected. 

The  presiding  officer  of  the  senate  is  called  the  Presi- 
Officers.  dent,  and  is  the  lieutenant-governor  of  the 

State.  The  presiding  officer  of  the  lower  branch  is 
called  the  Speaker,  a  term  borrowed  from  the  British 
House  of  Commons.  He  is  chosen  by  the  representatives 
from  their  own  number.  The  other  principal  officers 
chosen  are  a  clerk,  whose  business  is  to  keep  the  journal 
of  the  house  and  to  read  all  bills  and  communications 
that  may  come  before  the  house  for  its  action;  and  a 
sergeant-at-arms,  whose  business  is  to  preserve  order 
in  the  house,  and  to  execute  its  commands.  These 
officers  are  not  members  of  the  house,  and  they  usually 
have  assistants. 

At  the  beginning  of  the  session  the  presiding  officer 
of  each  body  appoints  certain  standing 

Committees.  ,     .x    . 

committees,  whose  work  it  is  to  consider 
the  matters  presented  to  either  house,  and  to  report  what 
action  is  proper.  Besides  these  there  are  joint  standing 
committees  composed  of  members  from  both  branches. 
There  are  committees  upon  finance,  education,  towns, 
insurance,  and  many  other  subjects.  Frequently  a 
special  committee  is  appointed  to  consider  a  matter  of 
temporary  interest. 

The  constitutions  require  that  every  measure,  in  order 
Mode  of  Making  to  become  a  law,  shall  receive  a  majority 
kaws.  vote  in  each  branch  of  the  legislature,  and 

be  approved  by  the  governor.2     If  he  objects,  he  may 

1    In  Wisconsin,  the  senate  elect  its  committees. 

?    In  Ohio,  the  approval  cf  the  governor  is  not  required. 


GENERAL     PROVISIONS.  161 

return  the  bill,  with  his  objections,  to  the  house  in  which 
it  originated.  This  house  must  enter  his  objections  in 
full  upon  its  records,  and  proceed  to  reconsider  the  bill. 
If  two-thirds1  of  this  branch  vote  for  the  measure,  it  is 
sent  to  the  other  house ;  and  if  this  also  assent  by  a 
two-thirds1  vote,  the  measure  becomes  a  law  without 
the  approval  of  the  governor.  If  he  does  not  return 
the  bill  within  a  specified  number  of  days,  varying  from 
three  to  ten  in  different  States,  it  becomes  a  law,  unless 
the  legislature  prevent  his  returning  it  by  adjourning. 
This  power  of  the  governor  to  withhold  his  approval 
from  any  measure  is  called  the  veto2  power.  As  he 
cannot  really  prevent  a  bill  from  becoming  a  law,  the 
veto  is  said  to  be  not  absolute,  but  qualified. 

When  the  legislature  begins  its  session,  subjects  for 
legislation  are  presented  to  it  in  three  Introduction  of 
ways.  The  governor,  in  an  address  to  the  Business. 
two  branches,  describes  the  condition  of  public  affairs, 
and  points  out  in  what  direction  legislative  action  is 
necessary  or  desirable.  A  second  mode  of  introducing 
business  is  for  an  individual  member  to  present  a  resolve 
or  bill,  which  he  may  do  at  such  time  as  the  rules  of 
the  house  prescribe.  A  large  part  of  the  business 
conies  before  the  legislature  in  the  form  of  petitions 
from  the  people. 

To  save  the  time  of  the  house,  all  these  matters,  in 
their  crude  form,  are  referred  to  the  appro-       Mode  of  Pr0m 
priate  committees  to  be  by  them  considered        ceeding. 
and  reported  on  either  favorably  or  otherwise  as  they 

1  In  Indiana,  a  majority  vote  of  the  members  elected  is  required. 

2  Veto,  Latin,  I  forbid.     This  was  the  word  by  which  the  Roman  tribunes 
refused  their  assent  to  a  law  which  they  disapproved.    It  wa«  an  absolute 
prohibition. 


162      CIVIL    GOVERNMENT    IN    THE    UNITED    STATES. 

think  best.  Thus  a  petition  for  a  change  in  some  school 
law  of  the  State  would  be  referred  to  the  committee 
on  education.  If  a  majority  of  the  committee  were  in 
favor  of  the  change,  they  would  prepare  a  bill,  that  is, 
a  draft  of  the  proposed  law,  and  report  it  to  one  of  the 
houses. 

In  most  of  the  States  the  constitution  provides  that 
every  bill  shall  have  three  separate  readings,  no  two  of 
which  shall  be  on  the  same  day.  After  a  committee 
has  reported  a  bill,  opportunity  is  given  for  discussion 
and  amendment,  and  then  the  final  vote  is  taken  whether 
the  bill  shall  become  a  law.  This  vote  is  required  to 
be  a  "yea  and  nay"  vote,  that  is,  each  member,  as  his 
name  is  called  by  the  clerk,  is  required  to  respond 
"yes  "  or  "  no."  After  a  bill  has  received  a  majority1 
vote  in  one  house,  it  is  sent  to  the  other  house,  where 
it  goes  through  a  similar  process.  After  passing  both 
houses  it  is  signed  by  the  presiding  officer  of  each  and 
sent  to  the  governor.  The  details  of  proceeding  are 
regulated  by  the  rules  of  each  house,  and  by  the 
general  principles  of  parliamentary  law.2 

After  each  session  of  the  legislature,  the  Secretary  of 
Publication  of  State  causes  all  the  laws  that  have  been 
Laws-  passed  to  be  bound  and  preserved.  He 

also  causes  to  be  printed  copies  of  the  general  laws, 
and  distributes  them  through  the  State  according  to 
law.  From  time  to  time  the  laws  are  revised,  either 
by  the  legislature,  or  by  a  board  of  men  appointed  for 

1  In  Illinois,  a  bill  must  receive  the  vote  of  a  majority  of  all  the  members  elected 
to  each  house. 

2  Parliamentary  Law  comprises  those  general  rules  which  regulate  the  con- 
duct  of  business  in  legislative  assemblies,  and  in  nil  meetings  for  deliberative 
action. 


GENERAL,   PROVISIONS.  163 

the  purpose.  The  whole  body  of  laws  as  revised  is 
then  enacted  by  the  legislature  like  any  bill,  and  pub- 
lished for  distribution  under  the  title  "  Revised  Statutes  " 
or  "  Code  "  or  w  General  Laws." 


CHAPTER  XX. 


THE  EXECUTIVE  DEPARTMENT. 

In  each  State  the  people  elect  a  governor,  a  lieutenant 
governor,  a  secretary,  a  treasurer,  an  auditor,1  an  attor- 
ney-general, and  a  superintendent  of  public  instruction." 
These  are  the  principal  executive  officers.  They  are 
usually  elected  at  the  same  time,  and,  in  most  cases, 
hold  office. for  two  years. s 

The  supreme  executive  power  is  vested  in  the  gov- 
ernor.    The  qualifications  required  by  the 

The  Governor.  .       .          J      Au«       «  £•  n 

constitutions  for  this  office  are  as  follows  : 

in  Indiana  the  governor  must  have  been  a  citizen  of  the 

United  States  and  a  resident  of  the  State  for  five  years, 

and  must  have  attained  thirty  years  of  age  ;  in  Illinois 

he  must  have  been  a  citizen  of  the  United 

States  and  of  the  State  for  five  years,  and 

must  have  attained  thirty  years  of  age  ;  in  Michigan  he 

must  have  been  a  citizen  of  the  United  States  for  five 

years,  and  a  resident  of  the  State  for  two  years,  and 

must  have  attained  thirty  years  of  age  ;  in  Wisconsin  he 

1  In  Wisconsin  the  secretary  acts  as  auditor. 

2  In  Minnesota  the  superintendent  of  public  instruction  is  appointed  by  the 
governor. 

3  In  Indiana  the  goverror  and  lieutenant-governor  are  chosen  for  four  years. 
In  Illinois  all  bat  the  treasurer  are  chosen  for  four  years.    The  treasurer  is  chosen 
for  two  years.    In  Ohio  the  auditor  is  chosen  for  four  years,  and  school  commis- 
sioner for  three  years.    The  governor  and  secretary  are  elected  in  alternate  years. 

164 


THE    EXECUTIVE    DEPARTMENT.  165 

must  be  a  citizen  of  the  United  States  and  a  legal  voter 
in  the  State  ;  in  Iowa  he  must  be  a  citizen  of  the  United 
States,  a  resident  of  the  State  for  two  years,  and  must 
have  attained  thirty  years  of  age  ;  in  Minnesota  he  must 
be  a  citizen  of  the  United  States,  a  resident  of  the  State 
for  one  year,  and  must  have  attained  thirty-five  years 
of  age  ;  in  Ohio  no  qualifications  are  stated  in  the  con- 
stitution. 

The  governor,  upon  assuming  the  duties  of  his 
office,  takes  an  oath  similar  to  that  re-  powers  and 
quired  of  the  members  of  the  legislature.  Duties. 

1. — The  governor  is  required  to  give  information 
and  advice  to  the  legislature  upon  matters  pertaining 
to  the  interests  of  the  State,  and  he  may  call  special  ses- 
sions of  the  two  houses  when,  in  his  judgment,  the 
public  interests  require  it. 

2. — He  is  commander-in-chief  of  the  military  forces 
of  the  State,  having  full  power  respecting  their  instruc- 
tion and  discipline.  He  may  call  out  the  troops  and 
lead  them  in  case  of  insurrection  and  invasion,  and  may 
order  out  such  portions  as  may  be  necessary  to  sup- 
press riots,  and  to  aid  in  enforcing  the  laws. 

3. — He  has  power  to  pardon  offences  against  the 
State  after  persons  have  been  convicted  of  the  same. 
This  power  does  not  usually  extend  to  cases  of  im- 
peachment, or  of  treason.  The  pardoning  power  in- 
cludes the  right  to  remit  a  portion  of  the  punishment, 
and  to  make  such  conditions  and  restrictions  as  are 
deemed  best. 

4. — The    governor    appoints    notaries-public,1    and 

1  A  notary-public  is  an  officer  empowered  to  attest  legal  instruments,  to 
administer  oaths,  and  to  protest  promissory  notes  and  drafts. 


166      CIVIL    GOVERNMENT    IN    THE    UNITED    STATES. 

members  of  various  boards  and  commissions  when 
authorized  to  do  so  by  the  legislature. 

5. — In  general,  it  is  his  duty  to  superintend  the 
administration  of  State  business,  and  to  see  that  the 
laws  are  executed. 

The  lieutenant-governor  is  required  to  have  the  same 
The  Lieutenant-  qualifications  as  to  citizenship,  residence, 
Governor.  an(J  age>  as  the  governor,  and  he  is  elected 

and  sworn  at  the  same  time  and  in  the  same  way. 
He  is  the  presiding  officer  of  the  Senate.  In  case 
the  chair  of  the  governor  is  vacant  by  reason  of 
death,  or  absence  from  the  State,  or  otherwise,  the 
lieutenant-governor  performs  the  duties  of  the  governor, 
and  has  all  the  powers  which  the  constitution  confers 
upon  that  officer. 

The  chief  duties  of  the  secretary  are  to  keep  a  record 
Secretary  of  °f  the  official  acts  of  the  executive  and 
state.  legislative  departments  ;  to  attest  the  sig- 

nature of  the  governor  on  commissions  and  proclama- 
tions ;  to  keep  the  laws  of  the  State  and  publish  them, 
as  has  been  stated  ;  to  receive  and  keep  the  returns  of 
state  and  national  elections ;  to  receive  and  keep  re- 
ports of  corporations  organized  under  the  general  laws 
of  the  State. 

This  officer  receives  all  money  accruing  to  the  State 
from  taxation  or  otherwise ;  keeps  all 

State  Treasurer.  .         ,  ,     , .  , .          ,  .  , 

notes,  bonds,  and  other  securities  which  are 
the  property  of  the  State  ;  and  pays  out  such  sums  as  the 
auditor  draws  his  warrant  for.  No  money  can  be  drawn 
from  the  treasury  of  the  State  but  in  consequence  of 
some  specific  appropriation  made  by  the  legislature. 


THE    EXECUTIVE    DEPARTMENT.  167 

It  is  the  duty  of  the  auditor  to  examine  all  accounts 
and  demands  against  the  State,  and  to  draw 
his  warrant  upon  the  treasurer  for  the  pay- 
ment of  such  as  are  just.     He  also  superintends  the 
collection  of  dues  to  the  State  ;  examines  the  accounts 
of  the  treasurer ;  and  reports  to  the  legislature,  with 
suggestions,    the    financial    condition    of    the    State.' 
Money  is  paid  into  the  treasury  upon  a  draft  drawn  by 
the  auditor1  in  favor  of  the  treasurer ;  money  is  paid 
out  of  the"  treasury  upon  a  warrant  drawn  by  the  audi- 
tor upon  the  treasurer. 

The  duties  of  this  officer  are  to  prosecute  and  defend 
in  the  Supreme  Court  all  actions  in  which 

Attorney  General. 

the  State  is  a  party ;  to  prosecute  and  de- 
fend any  action  when  directed  to  do  so  by  the  governor 
or  legislature  ;  to  advise  and  assist  the  subordinate 
prosecuting  officers  of  the  State ;  to  give  legal  infor- 
mation and  advice,  when  requested  to  do  so,  to  the 
legislature,  and  to  any  of  the  executive  officers  of  the 
State. 

Among  the  duties  of  this  officer  are  the  following  : 
to  examine  into  the  condition  of  the  public  superintendent  of 
schools  of  the  State,  and  report  thereon  to  ™>lic  instruction.2 
the  legislature  ;  to  attend  institutes  and  other  meetings 
of  teachers ;  to  prepare  blanks  for,  and  to  preserye 
statistics  from,  the  local  school  officers  ;  to  supervise  the 

1  In  Michigan  and  Wisconsin,  the  auditor  countersigns  all  receipts  of  the  treasu- 
rer for  money  paid  to  the  State. 

2  In  Ohio,  this  officer  is  styled  State  Commissioner  of  Common  Schools. 


168      CIVIL   GOVERNMENT   IN   THE    UNITED    STATES. 

school  funds  ;  to  distribute  the  school  laws  and  other 
documents  for  the  use  of  school  officers. 

In  the  administration  of  public  business  it  is  impos- 

Boards  and  S^Q   f°r  tne  governor  ill  person  to  super- 

Commissioners,  intend  all  the  departments.  Much  of  the 
work  of  supervision  is  entrusted  to  boards  created  by 
acts  of  the  legislature,  and  making  annual  reports  to 
that  body.  Some  of  these  boards  consist  of  persons 
appointed  by  the  governor  or  elected  by  the  people 
especially  for  these  duties.  Others  consist  of  several 
of  the  executive  officers  previously  mentioned,  to  whom 
special  duties  are  assigned  in  addition  to  the  usual 
work  of  their  departments.  These  boards  have  the  care 
of  the  public  works  of  the  State,  as  canals  ;  of  the  chari- 
table, reformatory,  and  penal  institutions,  as  prisons, 
reform  schools,  and  asylums  ;  of  educational  institu- 
tions, as  universities  and  normal  schools  ;  of  public  in- 
dustries, as  agriculture  and  fisheries.  Sometimes 
these  officers  are  called  commissioners. 

The  word  "  militia  "  means  a  body  of  armed  citizens 
trained  to   military  duty,   who    may   be 

The  Militia.  .  /  J 

called  out  in  certain  cases,  but  may  not  be 
kept  in  service,  like  standing  armies,  in  time  of  peace. 
The  Constitution  of  the  United  States  forbids  any 
State  to  keep  troops  in  time  of  peace  ;  but  it  allows 
the  establishment  of  a  militia.  The  militia  of  most 
the  States  is  of  two  kinds,  described  as  enrolled1  and 
active. 

1    In  Indiana  the  militia  is  distinguished  as  sedentary  and  active. 


THE    EXECUTIVE    DEPARTMENT.  16U 

The  enrolled  militia  consists  of  all  able-bodied  male 
citizens,1  resident  within  the  State,  of  the  Enrolled 

age  of  eighteen  years,  and  under  the  age  Militia, 

of  forty-five  years,  except  idiots,  lunatics,  common 
drunkards,  vagabonds,  paupers,  and  convicted  crimi- 
nals, and  a  large  number  of  persons  holding  office 
under  the  State  and  under  the  United  States.  Persons 
having  certain  occupations  and  professions  are  exempt- 
ed in  some  States.  Members  of  some  religious  socie- 
ties having  conscientious  scruples  against  bearing  arms, 
are  exempt.  This  enrolled  militia  is  not  subject  to 
active  duty,  except  in  case  of  war,  invasion,  or  riot. 
Then  the  governor  may  order  out  by  draft  or  otherwise 
such  numbers  as  he  considers  necessary,  and  organize 
them  according  to  the  laws  of  the  State. 

The  active  militia  is  composed  of  volunteers.      In 

case  of  war,  invasion,  or  riot,  and  to  aid 

xl_.         Active  Militia. 
civil  officers  in  executing  the  laws,    this 

force  is  "first  ordered  into  service.  Thus  in  1861,  when 
the  President  of  the  United  States  called  for  troops  to 
suppress  the  Rebellion,  the  governors  ordered  into  ser- 
vice at  once  regiments  of  the  volunteer  militia.  The 
various  volunteer  companies  are  scattered  over  the 
State,  having  armories  for  meeting  and  drill  in  the 
cities  and  larger  villages.  The  companies  are  gathered 
into  regiments,  brigades,  and  divisions.  The  militia 
is  organized  and  disciplined  under  United  States  laws  ; 
but  it  is  officered  and  trained  under  the  laws  of  the 
State. 

1    In  Ohio  and  Indiana  only  white  males  are  enrolled. 


170       CIVIL    GOVERNMENT    IN    THE    UNITED    STATES. 

The  governor   exercises  his  power  as  commander-in- 
chief  through  various  subordinate  officers. 
The  election  or  appointment  of  all  mili- 
tary officers  is  regulated  by  law ;  but  all  commissions 
are  issued  by  the  governor. 

The  State  provides  such  arms  and  equipments  as  are 
necessary ;  but  they  remain  the  property 
of  the  State,  and  can  be  taken  away  at 
any  time.     The   militia  is  usually  obliged  by  law  to 
spend  a  prescribed  amount  of  time  in  drill  and  camp- 
duty  ;  for  which  time  compensation  is  given  by  the  State 
according  to  law.     To  preserve  the  peace,  the  militia 
may  be  ordered  out  by  the  governor,  or,  in  certain 
cases,  by  the  mayor  of  a  city,  a  justice,  or  a  sheriff. 

It  will  be  seen  that  the  military  force  of  the  State 
is  under  the  direction  and  control  of  the  governor,  and 
is,  therefore,  a  branch  of  the  executive  department. 
But,  since  all  appropriations  for  its  support  must  be 
made  by  the  legislature,  it  can  never  become  an  instru- 
ment of  tyranny.  Thus  the  legislative  department 
holds  a  check  upon  the  governor. 


CHAPTER  XXI. 

THE    JUDICIAL   DEPAKTMENT. 

The  judicial  department  in  each  State  consists  of  such 
courts  of  justice  as  are  provided  for  by  the  constitution 
or  established  by  the  legislature.  All  the  judges  are 
elected  by  the  people  for  limited  terms. 

In  each  State  is  one  Supreme  Court,  constituted 
as  follows.  In  Ohio  it  consists  of  five 

.     ,  T      ,     -,     /.         ~  . .  Supreme  Court. 

judges  elected  for  five  years ;  the  one 
whose  term  first  expires  is  chief-justice.  In  Indiana  it 
consists  of  five  judges  elected  for  six  years  ;  the  court 
chooses  its  chief-justice.  In  Illinois  it  consists  of  seven 
judges  elected  for  nine  years ;  the  court  chooses  its 
chief-justice.  In  Michigan  it  consists  of  four  judges 
elected  for  eight  years  ;  the  one  whose  term  first  ex- 
pires is  chief-justice.  In  Wisconsin  it  consists  of  a 
chief-justice  and  four  associate  justices  elected  for  six 
years.  In  Iowa  it  consists  of  five  judges  elected  for 
six  years ;  the  one  whose  term  first  expires  is  chief- 
justice.  In  Minnesota  it  consists  of  a  chief-justice  and 
two  associate  justices  elected  for  seven  years. 

The  business  of  this  court  is  chiefly  to  decide  ques- 
tions of  law  that  come  before  it  in  review  or  correc- 

171 


172      CIVIL    GOVERNMENT   IN    THE    UNITED    STATES. 

tion  of  the  proceedings  of  inferior  courts.  Its  terms 
are  usually  held  at  the  capital  of  the  State. 

The  next  lower  class  of  courts  is  that  by  which  the 
Circuit  or  Dis-  largest  part  of  the  judicial  work  of  the  State 
trict  Courts.  js  (jolie.  jn  Ohio  and  Minnesota,  they 
are  called  District  Courts ;  in  the  other  States  they 
are  called  Circuit  Courts.  l  They  are  constituted  as 
follows.  In  Ohio  the  State  is  divided  into  nine  dis- 
tricts, and  these  are  divided  into  five  larger  districts. 
In  each  of  the  smaller  districts  from  one  to  five  judges 
are  elected  for  five  years.  These  hold  what  are  called 
courts  of  common  pleas.  In  each  of  the  larger  dis- 
tricts is  a  District  Court,  consisting  of  one  of  the 
judges  of  the  Supreme  Court,  together  with  the  judges 
of  common  pleas  in  the  district.  In  Indiana  the  State 
is  divided  into  thirty-nine  circuits,  each  having  one  judge 
elected  for  six  years.  In  Illinois  the  State  is  divided 
into  circuits  based  upon  population ;  in  each  circuit  a 
judge  is  elected  for  six  years.  Michigan  is  divided 
into  twenty-three  circuits,  and  Wisconsin  into  thirteen 
circuits,  each  having  one  judge  elected  for  six  years. 
Iowa  is  divided  into  eleven  districts,  and  Minnesota  into 
six  districts,  each  having  one  judge. 

Two  or  more  terms  of  these  courts  are  usually  held 
in  each  county  annually.  The  courts  have  original 
jurisdiction2  in  all  civil  actions  where  the  matter  in  dis- 
pute exceeds  the  jurisdiction  of  justices  of  the  peace,3 
and  appellate  jurisdiction4  in  all  civil  actions  that  have 

1  In  Iowa,  called  district  and  circuit  courts.   The  latter  have  appellate  jurisdiction 
in  civil  matters,  and  also  take  the  place  of  the  probate  court. 

2  Original  jurisdiction,  authority  to  take  the  first  steps  in  a  legal  procedure. 

3  In  Illinois,  in  all  causes  in  ••  law  and  equity." 

4  Appellate  jurisdiction,  authority  to  reconsider,  by  a  new  trial,  cases  that  have 
been  determined  by  another  court.     A  demand  for  such  new  trial  is  called  an 
appeal. 


THE    JUDICIAL   DEPARTMENT.  173 

been  tried  before  the  inferior  courts.  They  also  have 
original  and  appellate  jurisdiction  in  all  criminal  actions, 
except  those  minor  ones  over  which  some  of  the  infe- 
rior courts  may  have  exclusive  jurisdiction. 

In  Ohio  the  civil  and  criminal  jurisdiction  described 
in  the  preceding  paragraph  is  exercised  court  of 
by  the  Court  of  Common  Pleas,  while  the  Common  Pleas. 
district  court  exercises  some  appellate  jurisdiction  in 
civil  cases.  In  Minnesota,  courts  of  common  pleas 
have  been  established  in  some  of  the  counties  bavins: 

o 

concurrent  jurisdiction1  with  the  district  courts. 

In   each  county  a  Probate  Court  is  established   by 
law.     It   consists    of    one    judge.      The  Probate 

times  and  place  of  holding  the  court  ses-  Court- 

sions  are  fixed  by  law.  These  courts  have  jurisdiction 
of  the  probate2  of  wills,  and  administration  of  es- 
tates;2 of  the  appointment  of  guardians  to  minors 
and  others ;  and  of  all  matters  pertaining  to  the 
settlement  of  estates  of  deceased  persons  and  wards. 
In  Winconsin  the  probate  court  has  also  some  civil 
jurisdiction  concurrent  with  the  circuit  court.  In  Illi- 
nois it  has  both  civil  and  criminal  jurisdiction  in  addi- 


1  Concurrent  jurisdiction  is  that  which  is  possessed  over  the  same  cause  at 
the  same  time  by  two  different  courts. 

2  The  probate  of  a  will  is  the  proof  before  the  proper  officer  that  an  instru- 
ment purporting  to  be  the  last  will  and  testament  of  a  deceased  person  is  really 
such.    The  carrying  out  the  provisions  of  the  will  is  entrusted  to  a  person,  or 
persons,  named  in  the  instrument  as  executors. 

3  Administration,  the  settlement  of  the  estate  of  a  deceased  person  who 
has  left  no  will.    The  deceased  in  such  a  case  i*  said  to  have  died  intestate; 
and  an  administrator  is  appointed  by  the  judge  of  probate,  usually  on  petition. 
If  no  executor  is  named  in  a  will,  an  administrator  is  appointed. 


174      CIVIL    GOVERNMENT   IN   TPIE    UNITED     STATES. 

tion  to  its  probate  duties.  In  Iowa  there  is  no  distinct 
probate  court,  its  duties  being  performed  by  the  cir- 
cuit court. 

Courts  are  established  in  many  of  the  larger  cities 
Municipal  an(^  villages,  having  jurisdiction  of  cffen- 

Courts.  ces  committed  in  violation  of  city  ordi- 

nances. Most  of  them  also  have  jurisdiction  in  civil 
and  criminal  cases,  similar  to  that  of  justices  of  the 
peace.  These  courts  usually  consist  of  one  judge 
elected  by  the  people  of  the  city. 

Justices  of  the  peace  form  a  large  and  important 
Justices  of  the  c^ass  of  judicial  officers.  They  are  elected 
Peace,  in  each  township;  the  number,  term,  and 

jurisdiction  being  prescribed  by  law.  They  have 
authority  to  hold  courts  for  the  trial  of  civil  suits  in- 
volving small  sums,  and  they  have  criminal  jurisdiction 
of  such  offences  as  breaches  of  the  peace,  petty  larceny, 
and,  in  general,  those  to  which  the  statutes  affix,  as 
penalty,  a  small  fine  or  a  short  imprisonment.1  Persons 
not  satisfied  with  the  decision  of  a  justice  may  appeal  to  a 
higher  court.  Either  party  to  a  civil  suit,  or  the  defend- 
ant in  a  criminal  suit,  before  a  justice  of  the  peace,  may 
demand  a  trial  by  jury.2  The  jury  usually  consists  of 
six  men.  Justices  arc  empowered  to  issue  warrants 
for  arrest  and  summonses  for  witnesses,  and  to  admin- 
ister oaths. 

Each  of  the  courts  that  has  been  described,  except 

the  justice's,  has  a  clerk,  whose  duties  are 

rts'  to   attend    its    sessions,   to   preserve    its 

papers,  to  keep  a  record  of  its  proceedings,  and  to  issue 

1  In  Indiana,  justices  may  fine,  but  not  imprison. 

2  In  Ohio,  criminal  cases  are  not  tried  by  a  jury  in  a  justice's  court. 


THE   JUDICIAL   DEPARTMENT.  175 

writs  in  its  name.  The  clerk  of  the  supreme  court  is 
usually  chosen  by  the  people  of  the  State ;  the  clerks 
of  the  lower  courts  are  usually  chosen  by  the  people  of 
their  respective  circuits,  districts,  or  counties. 

Connected  with  the  supreme  court  is  an  officer  called 
a   Reporter,    who    is    appointed    by   the 
court.1     He  is  required  to    attend    court 
personally  at  all  its  terms,  and  to  make  true  reports  of 
its  decisions,  together  with  the   facts  involved  in   the 
cases  adjudicated,  and  to  publish  these  from  time  to 
time.     These  published  reports  contain  what  has  before 
been  described  as  court-law,  in  distinction  from  statute- 
law. 

Attomeys-at-law  are  officers  of  the    courts.     They 

are  persons  employed  to  manage  civil  and 

.     .      ,  V    \  G  ,.  Attorneys, 

criminal  causes  for  the  parties  con- 
cerned in  them.  They  are  admitted  to  practice  in  the 
courts  of  the  State  by  the  supreme  court,2  and  are  re- 
quired to  be  persons  of  good  moral  character,  who  have 
had  a  legal  education.  They  are  usually  required  to 
take  an  oath  to  support  the  constitution  of  the  United 
States  and  of  the  State,  and  to  perform  faithfully  the 
duties  of  an  attorney. 

In  each  county3  an  officer  is  chosen  by  the  people  to 
represent  the  State  in  the  different  courts  prosecuting 
holding  terms  within  the  county.  His  Attorney. 

chief  duties  are  in  prosecuting  violation  of  the  criminal 

1  In  Iowa  the  reporter  is  elected  by  the  people  of  the  State. 

2  In  Wisconsin  the  circuit  and  probate  courts  also  license  attorneys  to  prac- 
tice bcioro  them.    In  Minnesota  they  are  admitted  by  the  district  court  as  well 
as  by  the  supreme  court,  and  in  Michigan  by  the  circuit  court. 

3  In  Indiana  a  prosecuting  attorney  is  chosen   in   each   judicial  circuit  and 
district  instead  of  in  the  counties.    In  Iowa,  also,  the  attorney  is  chosen  in  the 
Judicial  district.    In  such  cases  they  are  usually  called  district  attorneys. 


176      CIVIL,    GOVERNMENT   IN   THE    UNITED    STATES. 

laws  of  the  State.  Such  actions  are  always  brought  in 
the  name  of  the  State. 

A  jury  is  a  body  of  men  sworn  to  declare  the  facts 
of  a  case  from  the  evidence  and  the  law 
presented  to  them.  The  qualifications  of 
jurors,  their  duties  and  privileges,  and  the  manner  in 
which  they  are  called  to  service,  are  regulated  by 
statutes.  As  these  differ  somewhat  in  the  different 
States,  each  State  will  be  considered  by  itself. 

In  Ohio,  a  number  of  persons  ordered  by  the  court  is 
Jury  List  and  selected  annually  in  each  county  by  the 
Drawing.  township  trustees.  The  number  from  each 

town  is  determined  by  the  clerk  of  the  common  pleas 
court,  and  the  list  of  names  selected  are  returned  to  him. 
He  writes  these  names  upon  slips  of  paper,  which  are 
then  folded  with  the  name  inside  and  placed  in  a  box 
kept  for  the  purpose.  At  a  specified  time  before  tho 
term  of  the  court,  he  draws  from  the  box,  in  the  pres- 
ence of  other  officers,  as  many  names  as  are  required 
by  law  to  serve  on  the  grand1  and  petit1  juries.  The 
list  of  these  names  is  given  to  the  sheriff,  who  summons 
the  persons  to  be  present  at  the  opening  of  the  court. 
A  person  neglecting  to  attend,  when  legally  drawn  and 
summoned,  is  liable  to  a  fine. 

In  Indiana  the  county  commissioners  put  into  a  box 
the  names  of  sixty  persons  from  the  different  town- 
ships. Before  each  term  of  the  circuit  court  the  clerk 
draws  six  names  from  the  box  to  serve  as  a  grand 
jury.  No  two  of  these  are  from  the  same  town- 
ship, if  there  are  so  many  townships  in  the  county. 
The  same  person  is  not  required  to  serve  twice  in  the 

1  See  pp.  183, 184. 


THE    JUDICIAL   DEPARTMENT.  177 

same  year.  For  the  petit  jury,  the  treasurer  and  re- 
corder of  the  county  select  one  hundred^  names,  and 
from  these  the  clerk  of  the  court  draws  twelve. 

In  Illinois  the  county  board  annually  prepare  a  list  of 
not  less  than  one-tenth  of  the  legal  voters  of  each  town 
and  precinct.  From  this  list  they  select  one  hundred 
names  for  each  trial  term  of  the  circuit  court.  The 
names  are  put  into  a  box  by  the  county  clerk,  and  from 
these  the  clerk  of  the  court  draws  the  required  number 
for  the  petit  juries.  The  grand  jury  is  selected  by  the 
county  board. 

In  Michigan  the  assessors  in  the  county  select  not 
less  than  one  hundred,  nor  more  than  four  hundred 
names.  These  are  put  into  two  boxes  by  the  county 
clerk,  one-half  in  each,  and  from  these  he  draws  for  the 
juries. 

In  Wisconsin  the  county  supervisors  make  an  annual 
list  of  seventy-five  grand  jurors  and  one  hundred  petit 
jurors,  or  a  less  number  if  so  ordered  by  the  judge  of 
the  circuit  court.  These  names  are  placed  in  boxes  by 
the  clerk  of  the  court,  and  from  these  he  draws  for  the 
different  juries. 

In  Iowa  jury  lists  are  annually  made  out  in  each 
county,  containing  seventy-five  names  for  grand  jurors, 
and  one  hundred  and  fifty  names  for  petit  jurors.  These 
names  are  selected  by  the  judges  of  election  in  the  dif- 
ferent election  districts,  and  are  returned  to  the  county 
auditor.  The  clerk  of  the  district  court,  or  his  deputy, 
places  the  names  in  the  box  and  draws  for  the  different 
juries  as  required  by  law.  Grand  jurors  are  drawn  for 
the  year  ;  petit  jurors  for  each  term  of  the  court. 


178       CIVIL    GOVERNMENT    IN    THE    UNITED     STATES. 

In  Minnesota  the  county  commissioners  annually  se- 
lect seventy-two  names  for  grand  jurors  and  the  same 
number  for  petit  jurors.  From  the  boxes  containing 
these  names  the  clerk  of  the  district  court  draws  for  the 
different  juries. 

The  details  of  drawing  and  summoning  jurors  are  es- 
sentially the  same  in  all  the  States  as  described  in 
Ohio. 

OUTLINE    OF   JUDICIAL    PROCEDURE. 

An  illustrative  example  will  serve  to  show  the  rela- 
tion of  the  various  branches  of  the  judi- 
ciary department  to  each  other  and  to  the 
public.  Every  action  or  suit  at  law  supposes  two  par- 
ties ;  one,  called  the  plaintiff,  who  brings  the  charge 
upon  which  the  action  is  based;  the  other,  called  the 
defendant,  against  whom  the  charge  is  brought. 

Actions  are  either  civil  or  criminal.  A  civil 
Classes  of  action  has  for  its  object  the  restoration  of 

Actions.  property,  the  recovery  of  private  rights, 

or  compensation  for  their  infraction, or  the  prevention 
of  some  wrongful  act.  Such  are  suits  brought  to 
recover  a  debt,  or  to  obtain  money  for  an  injury  sus- 
tained upon  a  highway.  A  criminal  action  has  lor  its 
object  the  punishment  of  an  individual  for  a  violation 
of  law.  In  such  actions  the  government  is  always  the 
plaintiff,  usually  being  represented  by  an  attorney. 
Civil  actions,  if  successful,  result  in  the  payment  of 
money  by  the  defendant  to  the  plaintiff.  Criminal 
actions,  if  successful,  result  in  the  infliction  of  a  penalty 
upon  the  defendant ;  either  a  fine  paid  to  the  State,  or 
imprisonment,  or  both. 


OUTLINE    OF   JUDICIAL   PROCEDURE.  179 

We  will  proceed  to  notice  the  ordinary  steps  in  the 
conduct   of  a  criminal   action.     Suppose  Criminal 

that  in  some  township  or  city  in  the  State  Actions, 

a  man  enters  a  store  in  the  daytime,  and  steals  therefrom 
a  watch.  In  course  of  the  judicial  proceedings  that 
might  arise ,  tKe  complaint  *  would  be  first  in  order.  This 
would  be  a  written  instrument,  stating  formally,  but 
specifically,  the  name  of  the  person  ac- 

,     . ,    "  f.   .,  .          ..      ,«        ..,  Complaint, 

cused,  the  nature  ot  the  crime  itself,  with 

the  time  and  place  of  its  commission,  and  requesting 
that  he  be  apprehended  for  trial.  This  must  be  sworn 
to  by  the  complainant  before  some  justice  of  the  peace  ; 
and  in  some  States  he  must  offer  evidence  for  his  suspi- 
cion against  the  person  accused.  This  complaint  is  the 
foundation  of  the  whole  course  of  proceeding. 

The  justice  next  issues  a  warrant.     This  is  a  com- 
mand to  the  sheriff  of  the  county,  or  his 
deputy,  or  any  constable  or  police  officer, 
to  apprehend  the  person  named  in  the  complaint,  and 
bring  him  before  some  justice  to  answer  to  the  com- 
plaint.    The  warrant  specifies  the  offence,  and,  in  Illi- 
nois and  Michigan,  also  directs  the  officer  to  summon 
certain  persons  as  witnesses  against  the  defendant. 

The  officer,  having  made  the  arrest,  appears  before 
the  justice  with  his  prisoner,  and  makes  a  return  of 
his  warrant.     This  is   a  short   statement 
of  the  manner  in  which  the  command  has 
been  executed.     It  is  written  on  the  back  of  the  instru- 

1  In  Indiana  and  Ohio,  instead  of  a  complaint,  an  affidavit  is  sworn  to  before 
a  justu-e  plating  that  a  spec  fie  crime  has  been  committed  by  the  person  named 
therein.  In  Iowa,  an  information  is  filed  before  the  justice.  This  is  similar  in 
form  to  the  complaint. 


180      CIVIL   GOVERNMENT   IN   THE    UNITED    STATES. 

ment,  and  signed  by  the  officer.     A  detailed  account  of 
charges  is  also  rendered. 

The  justice  then  appoints  a  time  for  the  examination, 

and  the  accused  may  be  admitted  to  bail; 

that  is,  he  may  be  delivered  to  persons 
who  give  security  that  he  shall  appear  a*t  the  specified 
time,  to  answer  to  the  complaint.  These  persons  are 
said  to  recognize,  or  give  a  recognizance,  which  is  a 
written  obligation  to  pay  a  certain  sum  of  money  if  a 
specified  condition  is  not  complied  with.  If  the  accused 
can  find  no  person  willing  to  become  surety  for  his  ap- 
pearance, he  is  kept  in  custody. 

Meanwhile,  at  his  request,  the  justice  issues  what  is 

called  a  subpoena  to  each  of  such  persons 

as  the  defendant  wishes  to  testify  in  his 
behalf.  If  not  previously  summoned,  a  subpoena  is  also 
issued  to  each  of  the  witnesses  for  the  State.  This  in- 
strument requires  the  individual  named  to  appear  at  a 
certain  time  and  place,  to  give  evidence  in  the  case. 
The  names  of  the  plaintiff  and  defendant  are  specified. 
At  the  appointed  time,  the  accused  is  brought  before 

the  justice.     If  the  value  of  the  property 

Jurisdiction.  ,    ,        •     i         ,  •>  j.   • 

stolen  is  less  than  a  certain  amount  spe- 
cified by  statute,  the  justice  has  final  jurisdiction^  that 
is,  he  may,  if  the  crime  is  proved,  pass  sentence  ;  and 
make  the  necessary  orders  for  carrying  it  into  effect. 
If  the  value  is  greater  than  the  legal  limit,  the  justice 
examines  the  accused,  and,  if  the  evidence  is  sufficient, 
requires  him  to  give  a  recognizance  to  appear  before  a 

1  In  Ohio  a  justice  is  empowered  to  pass  sentence  only  in  cases  of  misde- 
meanor, when  the  injured  party  makes  the  complaint,  and  the  defendant  pleads 
guilty.  In  other  cases  he  can  only  examine  and  hold  in  recognizance  to  ap' 
pear  before  the  court  of  common  pleas. 


OUTLINE    OF   JUDICIAL    PROCEDURE.  181 

higher  court  for  trial.     In  this  case,  the  justice  has  only 
initial  jurisdiction. 

The  parties  being  in  the  presence  of  the  justice,  the 
arraignment  takes  place.     The  defendant 
rises ;  the  justice  reads  to  him  the  com- 
plaint, and  asks  him  what  he  says  to  it,  —  "  Guilty,"  or 
"Not  guilty."     His  answer  is   the  plea. 
If  he  pleads  "  Guilty,"   sentence  may  be 
passed  at  once.     If  he  pleads  "  Not  guilty,"  evidence  is 
then  presented  tending  to  prove  his  guilt. 

The  witnesses  for  the  government  are  called,  and 
standing,  and  raising  their  right  hands, 
swear  to  tell  the  truth,  the  whole  truth, 
and  nothing  but  the  truth.1  They  are  then  called  sepa- 
rately ;  and  each  tells  what  he  knows  of  the  case.  He 
is  examined  first  by  the  justice,  or  by  the  attorney  for 
the  State,  if  such  an  officer  is  employed,  and  then  cross- 
examined,  as  it  is  called,  by  the  counsel  for  the  defend- 
ant. The  purpose  of  the  cross-examination  is  to  destroy 
the  effect  of  the  testimony  by  involving  the  witness  in 
contradictions,  or  by  showing  his  incapacity,  or  by  show- 
ing him  to  be  mistaken.  After  all  the  evidence  is  pre- 
sented against  the  party,  the  witnesses  for  the  defence 
are  called  and  sworn1  and  examined  separately,  first  by 
the  defendant's  counsel,  then  by  the  justice  or  attorney. 

When  all  the  evidence  upon  both  sides  has   been 
heard,  the  counsel  for  the  defendant  pro-       Arguments  of 
ceeds  to  make  an  argument  in  his  favor       Counsel. 
based  upon  the  evidence  adduced.     A  counter-argu- 
ment is  made  by  the  attorney  for  the  State.2     In  Min- 

1  In  some  States  each  witness  i«  sworn  as  he  is  called  to  testify. 

2  Sometimes  the  State's  attorney  makes  the  opening  argument,  and  afterward 
replies  to  the  argument  of  the  defendant. 


182      CIVIL   GOVERNMENT   IN    THE    UNITED    STATES. 

ncsota  the  counsel  for  the  defendant  lias  the  last  argu- 
ment. These  arguments  are  frequently,  but  improperly, 
called  pleas. 

The  justice,  having  heard  the  evidence  and  the  argu- 
ments, considers  the  case,  and  passes  judg- 
ment upon  it.     He  declares  the  defendant 
guilty,  and  pronounces  the  sentence  ;  or  not  guilty,  and 
releases  him. 

After  arraignment,  any  person  has  a  right  to  demand 
a  trial  by  jury.1   When  this  demand  is 
made,  the  justice  directs  a  constable  to 
summon  the  required  number  of  jurors.      The  trial 
then  proceeds  as  above.     The  jury  decide  upon  the 
guilt  of  the  person,  and  the  justice  gives  judgment  ac- 
cordingly. 

The  penalty  may  be  a  fine  and  costs.     The  statutes 
determine  the  limit  of  the  fine,  and  regu- 
late the  charges  which  are  included  under 
the  title  "  costs."     These  are,  the  fees  of  the  justice, 
unless  he  has  a  salary,   of  the-  officer  for  serving  the 
warrant  and  subpoenas,  of  the  witnesses,  and  sometimes 
of  the  attorney  for  the  State. 

In  case  the  fine  and  costs  are  not  paid,  the  convicted 
man  may  be  committed  to  jail  until  they 
are  paid,  or  until  he  is  released  by  due 
process  of  law. 

This  would  end  the  proceedings  in  a  justice's  or  po- 
lice  court ;  but,   if  the   defendant  is  not 
Appeal.  satisfied  with  the  decision,  he  may  appeal 

to  a  higher  court.  In  this  case,  he  is  required  to  bring 
sureties,  who  give  their  recognizance  for  him  to  appear 
before  the  higher  court  to  prosecute  his  appeal.  This 

1    Seep.  180,  note  I. 


OUTLINE    OF   JUDICIAL,    PROCEDURE.  183 

would  secure  him  a  new  trial  by  a  jury.     The  features 
of  a  jury  trial  will  now  be  presented. 

In  the  case  that  has  been  considered,  if  the  crime 
had  been  beyond  the  jurisdiction   of  the 

...  n.   ,,  ..  Examination. 

justice,  an  examination  01  me  witnesses 
would  have  taken  place.  If  the  justice  thought  there 
was  sufficient  evidence  of  guilt,  he  would  require  the 
accused  to  furnish  bail  for  his  appearance  at  the  next 
term  of  the  higher  court ;  or,  if  he  could  not  find  bail, 
would  commit  him  to  jail  meanwhile.  The  justice 
would  then  send  the  complaint  or  affidavit,  with  a 
record  of  the  proceedings  thereon,  to  the  prosecuting 
attorney  for  the  county  or  district,  or  to  the  clerk  of 
the  higher  court. 

Previous  to  the  beginning  of  a  criminal  term  of  the 
circuit  and  district    court,    the    persons 
who   have  been  drawn  for  the  purpose, 
present  themselves  before  the  judges  who  are  to  hold 
the  court,  and  take  an  oath,  diligently,  and  without 
malice,  fear,  or  favor,  to- inquire  into  such  cases  as  may 
be  brought  before    them.      This  body  is  the  Grand 
Jury1.     The  court  gives  them  directions  as  to  their 
duties.     The  members  choose  a  foreman  and  a  clerk. 

The  prosecuting  attorney  prepares  a  formal  accusa- 
tion against  the  person  whom  we  have  sup- 

-,         i  .  Indictment. 

posed  under  recognizance  to  appear  at  the 

higher  court,2  and  against  such  other  persons  as  he  has 

1  The  number  of  members  of  the  grand  jury  varies  in  the  different  States.    In 
Illinois  and  Minnesota,  the  number  is  twenty-three;  in  Ohio,  eighteen;  in  Iowa, 
fifteen ;  In  Indiana,  six ;  in  Michigan,  not  less  than  sixteen.    In  Wisconsin,  the  grand 
jury  has  been  abolished,  and  in  Michigan  it  is  rarely  used. 

2  In  Illinois,  the  grand  jury  first  hears  the  witnesses,  and  then,  if  it  so  decides, 
directs  the  attorney  to  indict. 


184         CIVIL    GOVERNMENT    IN    THE    UNITED    STATES. 

reason  to  think  are  guilty  of  crime.  This  instrument  is 
called  an  indictment,  and  specifies  the  name  of  the  de- 
fendant, and  the  crime  with  which  he  is  charged.  Wit- 
nesses in  support  of  the  charge  are  sworn  and  heard,  but 
none  for  the  defence.  If  twelve1  of  the  jury  agree  that 
the  person  should  be  brought  to  trial,  the  foreman  in- 
dorses upon  the  indictment  the  words,  "  A  true  bill,"  and 
signs  it.  If  the  jury  think  there  is  not  sufficient  ground 
for  the  accusation,  the  indictment  is  spoken  of  as  not 
found,  or  not  a  true  bill.  The  indictment  forms  the  basis 
of  action  in  the  higher  court,  as  the  complaint  or 
affidavit  does  in  the  lower  court. 

When  the  time  arrives  for  the  trial,  a  list  of  twelve 

jurors  is  read  by  the  clerk.     Exception 

Challenge. 

may  be  taken  to  any  of  these  by  the 
accused  or  by  the  prosecuting  attorney,  on  the  ground 
of  character,  incompetency,  or  prejudice.  This  objec- 
tion is  called  a  challenge.  The  accused  may  challenge 
a  prescribed  number  of  jurors  peremptorily ;  that  is, 
without  assigning  cause.  In  most  States  the  number 
varies  with  the  gravity  of  the  offense.  Other  names 
are  substituted,  until  the  number  twelve  is  complete. 
Each  member  then  swears  that  he  will  well  and  truly 
try  the  issue  between  the  State,  or  people,  and  the  de- 
fendant, according  to  the  law  and  the  evidence.  This 
body  is  called  &  petit  jury  or  a  trial  jury.  Its  business 
is  to  hear  the  evidence,  and  then  decide  whether  the 
accused  is  guilty,  or  not,  of  the  crime  specified  in  the 
indictment. 

The  steps  in  the  trial  are  similar  to  those  in  the  lower 
court,  —  the  arraignment,  the  plea,  the  testimony,  the 

1    In  Indiana,  five  of  the  six  jurors  must  agree  to  find  an  indictment. 


OUTLINE    OF   JUDICIAL    PROCEDURE.  185 

arguments.     After  the  case  has  been  presented  to  the 

jury  by  the  attorneys,  the  judge  makes  his 

charge  to  the  jury,  in  which  he  explains 

the  law  bearing  upon  the  case,  and  indicates  to  them 

the  principles  that  should  guide  them  in  making  their 

decision. 

The  jury  then  retire,  in  charge  of  the  sheriff,  for  con- 
sultation.    They  are  kept  by  themselves 
until  they  make  up  their  opinion.     If  they 
are  unanimous  in  that  opinion,  they  return  to  the  court- 
room, where  the  foreman  announces  the  verdict ;  which 
must   be,  ''Guilty,"  or   "  Xot  Guilty."     If  the  jury 
cannot  agree,  they  may  be  discharged;  in  which  case 
a  new  trial   would   be   necessary.     If  the   verdict  is 
"  Guilty,"  the  court  pronounces  the  sentence  which  the 
law  requires. 

If  the  penalty  is  imprisonment,  the  person  is  com- 
mitted to  the  sheriff  to  be  lodged  in  the 
designated  place  of  confinement ;  if  a  fine, 
legal  steps  are  taken  to  secure  payment. 

The  case  may  not  end  here.     During  the  trial,  objec- 
tions may  have  been  made  to  the  admis- 

"         •  •  i  rrn  Exceptions. 

sion  of  certain  evidence.  The  judge  has 
ruled  that  it  may  be  admitted.  The  counsel  takes  ex- 
ceptions to  the  ruling  of  the  judge.  If  the  judge 
allows  the  exceptions,  they  are  properly  framed,  and  go 
to  the  Supreme  Court  ;  where  arguments  are  made  by 
the  counsel  on  both  sides.  If  the  court  sustains  the 
ruling  of  the  judge,  the  case  is  remanded  to  the  trial 
court  for  sentence.  If  the  ruling  is  not  sustained,  a 
new  trial  is  had  at  some  future  term  of  the  trial  court. 


186        CIVIL  GOVERNMENT  IN  THE  UNITED  STATES. 

There  is  more  diversity  in  procedure  in  civil  than  in 
criminal  actions.    A  simple  case  may  serve 

Civil  Actions. 

to  illustrate  the  chief  points  of  difference 
between  them.  Suppose  a  man  has  sold  merchandise 
to  the  value  of  a  hundred  dollars,  for  which  he  has 
received  no  pay.  He  purposes  to  sue  before  a  justice 
for  the  recovery  of  the  debt.  The  first  step  is  to  obtain 

a   summons.      This   is   done   in   various 

ways.  In  Indiana,  the  plaintiff  files  with 
the  justice  a  written  demand  called  a  complaint; 
in  Ohio,  the  plaintiff  files  a  petition  containing  his  de- 
mand ;  in  Illinois,  the  plaintiff  files  an  order  for  a  writ ; 
in  Michigan  and  Wisconsin,  the  plaintiff  states  the  par- 
ticulars of  his  demand.  The  summons  is  an  order  to 
a  sheriff  or  other  officer,  directing  him  to  summon  the 
debtor  to  appear  before  the  justice  at  a  certain  time 
and  place,  to  answer  to  the  demand  of  the  plaintiff.1 
Under  certain  circumstances  the  plaintiff  may  obtain, 
either  at  the  same  time  with  the  summons  or  afterward, 

another  writ  called  an  attachment.     This 

Attachment. 

directs  the  officer  to  attach  the  property 

of  the  debtor  to  a  specified  amount,  and  to  summon 
the  party  to  appear,  as  before.  The  officer,  in  obe- 
dience to  this  writ,  takes  possession  of  the  property, 
and  holds  it  in  custody  until  judgment  upon  the  case 
has  been  rendered  by  the  court.  Sometimes  another 
writ  is  obtained  directing  the  arrest  of  the  party.  Each 
writ  specifies  the  day  on  which  it  shall  be  returned  ;  and 
this  return  is  made,  as  in  the  case  of  the  warrant, 
by  an  indorsement  by  the  officer,  stating  what  he  has 
done. 

1  In  Iowa,  the  summons  is  called  a  notice. 


OUTLINE  OF  JUDICIAL,  PROCEDURE.  187 

The  next  step  in  the  process  is  the  pleading.1  This 
is  a  formal  and  legal  statement  of  the 
frets  which  constitute  the  plaintiff's  cause 
of  action,  followed  by  a  similar  statement  of  the  facts 
which  constitute  the  defendant's  ground  of  defence. 
Thus  the  plaintiff  may  declare  the  time  and  mode  of 
the  sale,  and  the  quality  and  amount  and  value  of  the 
goods.  The  defendant  may  deny  the  purchase,  or 
assert  that  payment  has  been  made  in  whole  or  in  part, 
or  on  some  other  ground  plead  against  the  obligation. 
If  a  formal  complaint  or  petition  has  been  filed,  this 
constitutes  the  plaintiff's  plea.  The  defendant's  plea  is 
called  an  answer. 

When  some  fact  is  asserted  by  one  party,  and  denied 
by  the  other,  an  issue  is  thereby  made, 
and  the  trial  begins.    The  witnesses  for  the 
plaintiff  are  called  and  sworn,  and  give  their  testimony  ; 
then  those  for  the  defendant.     The  arguments  follow, 
and  then  the  judgment.     Either  party  may  demand  a 
trial   by  jury.     The  jury   consists  of  six2  men,  who 
decide   the   question  at  issue.     If  the  justice  or  jury 
decide  for  the  plaintiff,  and  the  debt  is  not  paid,  a  writ 
of  execution  is  issued. 

This  directs  the  officer  ta  take  of  the  property  of  the 
defendant,  and   obtain   such  sums  as  are 

Execution. 

necessary  to  satisfy  the  judgment.  This  is 
usually  done  by  sale  by  auction.  If  the  sale  produces 
more  than  the  amount  of  the  judgment,  the  balance  is 
paid  to  the  owner.  As  in  criminal  actions,  appeal  majr 
be  taken  to  a  higher  court,  where  the  steps  would  be 
similar  to  those  in  the  justice's  court. 

1  In  Illinois,  there  are  usually  no  pleadings  before  a  justice  of  the  peace. 

2  In  Indiana  and  Minnesota,  of  twelve,  but  a  less  number  may  be  substituted. 


188         CIVIL  GOVERNMENT  IN  THE  UNITED  STATES. 


IMPEACHMENT. 

In  the  constitutions  of  all  the   States,  provision  is 

made  for  removal  from  public  offices  by  a 

process  called  impeachment.    This  may  be 

defined  as  a  written  accusation  against  a  civil  officer, 

made  in  a  constitutional  way,  for  maladministration  of 

office.     Any  of  the  State  officers  may  be  impeached.1 

Impeachments  can  only  be  brought  by  the  house  of 

representatives  ;  and  they  are  tried  by  the 

Process.  mi  -n 

senate.     If   an  officer  is  supposed  guilty 
of  wrong-doing  in  connection  with  his  office,  the  repre- 
sentatives  may   appoint   a   committee   to   investigate. 
This  committee  may  report  in  favor  of  impeachment. 
If  a  majority  of  the  representatives  elected  so  decide, 
a  committee  is  appointed  to  prepare  articles  of  impeach- 
ment, and  present  them  to  the  senate.     These  articles 
correspond  to  the  indictment  in  a  criminal  proceeding. 
The  articles  having  been  presented,  the  person  is 
summoned  to  appear   and  answer  to  the 
charges.     Each  senator  takes  an  oath  ap- 
propriate to  the  occasion,  and  the  trial  is  conducted 
according  to  the  usual  procedure  in  other  courts.     A 
vote  of  two-thirds  of  the  senators  present  is  required 
for  conviction. 

Judgment,  in  case  of  conviction,  may  extend  to  re- 
moval from  office,  and  disqualification  to 
hold  any  office  of  trust,  honor,  or  profit 
under  the  State.2     The  person  is  also  liable  to  trial  and 
punishment  for  the  crime  before  the  proper  courts,  in 
accordance  with  the  laws  of  the  State. 

1  In  Minnesota,  the  governor,  secretary,  treasurer,  auditor,  attorney-general 
and  the  judges  of  the  supreme  and  district  courts  may  be  impeached. 

2  In  Michigan,  judgment  can  only  extend  to  removal  from  office. 


CHAPTER  XXII. 

COUNTIES. 

As  early  as  the  time  of  the  Saxons,  England  was 
divided  into  districts  for  convenience  in 
the  administration  of  justice.  The  most 
important  of  these  was  the  shire,  as  it  was  called,  from 
a  Saxon  word  meaning  to  cut.  The  shire  was  a  part 
cut  off.  In  Norman  times,  the  shire  took  the  name 
county,  from  the  word  count,  a  Norman  title  of  nobility. 
The  English  colonies  in  America  early  set  up  the  county 
organization,  with  the  usual  officers,  and  as  soon  as  the 
northwest  territory  came  under  English  jurisdiction, 
counties  were  instituted  with  essentially  the  same  pow- 
ers and  officers  as  they  had  in  the  older  States  and  in 
England. 

A  county  may  be  defined  as  a  portion  of  the  State, 
organized  as  a  corporate  body1  under  the 
direction  of  the  State,  for  convenience  in 

1  A  corporate  body,  or  corporation,  Is  a  body  consisting  of  one  or  more  indi- 
viduals, established  by  law,  usually  for  some  specific  purpose,  and  continued 
by  a  succession  of  members.  This  body  has  a  name,  and  under  that  name 
may  sue  and  be  sued,  may  hold  and  dispose  of  property,  may  have  a  common 
seal,  may  choose  officers,  and  make  by-laws  for  its  government  and  adminis- 
tration. The  body  may  be  created  by  a  special  law  called  a  charter;  or  it  may 
organize  under  some  general  statute. 

In  Ohio,  the  county  is  not  a  corporation,  but  the  county  commissioners  may 
sue  and  be  sued.  In  Indiana,  the  commissioners,  and  not  the  county,  form  the 
corporation. 

189 


190        CIVIL,  GOVERNMENT  IN  THE  UNITED  STATES. 

the  administration  of  justice,  and  to  transact  business 
of  local  interest. 

Each  county  is  obliged  to  own  and  maintain  suitable 

court-houses,  jails,  and  buildings  for  the 

registry  and  preservation  of  deeds,  wills 

and  court  records.     The  town  in  which  these  buildings 

are  situated  and  where  the  courts  are  held,  is  called  the 

county-seat. 

Counties,  as  such,  have  no  legislative  power ;  hence 
their  officers  are  chiefly  executive  and  ju- 
dicial.    The  number   and   duty  of  these 
officers  are  prescribed  by  law,  and  are  the  same  through- 
out the  State. 

In  each  county  three  Commissioners l  are  chosen  by 
the  people.  These  officers  are  empowered 
Commissioners,  to  provide  for  erecting  and  repairing  the 
or  Supervisors.  COUJgy  buildings  ;  to  have  the  care  of  the 
county  property ;  to  represent  the  county  in  suits  at 
law  ;  to  lay  out,  alter  and  discontinue  highways  within 
the  county,  upon  petition  of  parties  interested,  and 
after  a  suitable  hearing.  They  also  have  extensive 
powers  connected  with  the  formation  of  new  townships, 
with  the  alteration  of  boundaries  and  change  of  name 
of  those  already  existing,  and  with  county  and  town- 
ship taxation. 

The  county  treasurer  receives  and  pays  out,  in  tho 
manner  prescribed  by  law,  all  money  be- 
longing to  the  county.  This  includes  that 

1  In  Michigan  the  township  supervisors  form  a  county  board.  In  Wisconsin 
the  county  board  consists  of  one  person  from  each  of  the  local  boards ;  the  same  is 
true  of  a  part  of  the  counties  of  Illinois.  In  Iowa,  there  is  a  board  of  three,  five,  or 
eeven  supervisors.  All  these  boards  have  essentially  the  same  powers  and  duties 
as  the  county  commissioners.  In  Minnesota,  the  number  of  commissioners  is 
visually  five. 


COUNTIES.  191 

raised  by  taxation  and  whatever  comes  from  the  pay- 
ment of  fines  in  the  various  courts.  Taxes  for  the  sup- 
port of  the  State  government  are  also  received  by  this 
officer,  and  by  him  paid  to  the  State. 

In  Ohio,  Indiana,  Iowa  and   Minnesota,   a    county 

Auditor  is  chosen,1  who  is  clerk   of  the 

T        i  Auditor, 

county  commissioners,  and  who,    among 

other  duties,  keeps  an  account  with  the  treasurer  of  the 
receipts  and  expenditures  of  the  county,  and  draws 
warrants  for  the  payment  of  money  from  the  treasury 
upon  the  order  of  the  commissioners.  He  also  has  im- 
portant duties  connected  with  the  assessment  and  col- 
lection of  taxes. 

In  each  county  there  is  a  Recorder  or  Register  of  Deeds. 
The  duties  of  this  officer  are  to  receive  and  record, 
according  to  methods  prescribed  by  law, 

Recorder,2 

all  deeds,  mortgages  and  other  papers  that       Or  Register 
maybe  brought  to  him  for  the  purpose.        of  Deeds. 
In  the  early  history  of  the  county,  all  transfers  of  land 
were  made  publicly  at  the  county  courts  to   prevent 
fraud.    The  registry  is  designed  to  serve  the  same  pur- 
pose, by  making  all  such  transfers  a  matter  of  record, 
so  that  the  legal  title  to  any  land  in  the  county  may  be 
readily  ascertained. 

The  oldest  and  most  important  county  officer  is  the 
Sheriff.    In  the  early  history  of  the  county, 
this  officer,  called  the  shire-reeve,  shared 
the  administration  of  county  business  with  the  alder- 
man and  bishop.     Later,  the  civil  functions  devolved 

1  In  Wisconsin,  the  clerk  of  county  board  of  supervisors  performs  duty  of  auditor. 

2  In  Illinois,  the  clerk  of  the  circuit  court  is  the  recorder.    In  Iowa,  the  county 
treasurer  may  be  recorder  in  counties  having  a  population  less  than  ten  thousand. 
In  Michigan,  Wisconsin  and  Minnesota,  this  officer  is  called  Register  of  Deeds. 


192        CIVIL  GOVERNMENT  IN  THE  UNITED  STATES. 

entirely  upon  him.  He  presided  at  the  county  court, 
and  was  responsible  for  the  public  peace.  Formerly, 
in  England,  he  was  elected  by  the  people ;  now  ho  is 
appointed  by  the  king  for  one  year,  and  during  that 
time  is  the  highest  personage  in  the  county,  taking  pre- 
cedence of  noblemen. 

The   sheriff's   first   duty   is   to   preserve   the  peace 
within  his  county.     To  this  end  he  may 

Duties:  J 

1.  Preserving       apprehend  and  commit  to  prison  all  per- 
Peace*  sons  who  break  the  peace.     He  is  bound 
to  pursue  and  take  all   such  criminals  as  murderers, 
robbers  and  rioters.     He  has  the  safe-keeping  of  the 
county  jail,  and  is  responsible  for  the  custody  of  the 
prisoners  confined  therein.     In  the  exercise  of  these 
duties,  the  sheriff  may  demand  the  assistance  of  the 
inhabitants  of  the  county.     Any  person  who  refuses 
aid  when  thus  called  upon  is  liable  to  fine  and  impris- 
onment. 

The  sheriff  is  required  to  attend  all  county  courts. 

2.  Attending        During  the   term   of  the   court,   he   has 
Courts.  charge  of  the  prispners  on  trial,  of  the 
witnesses,  and  of  the  juries.     It  is  his  business  to  see 
that  the  sentence  of  the  court  is  carried  into  execu- 
tion, either  by  collecting  the  fines,  placing  the  convicted 
person  in  the  designated  place  of  confinement,  or  car- 
rying out  the  death  sentence  for  capital  crimes. 

The  sheriff  is  required  to  serve  all  writs  and  pro- 

3.  Serving  cesses  that  may  be  lawfully  issued  to  him 
Processes.           within  his  county  by  any  of  the  courts  of 
justice.     To  assist  in  the  performance  of  these  various 
duties,  the  sheriff  appoints  deputies,  for  whose  action 
he  is  responsible. 


COUNTIES.  193 

Another  ancient  officer  is  the  Coroner.     He  performs 

the  duties  of  the  sheriff  in  the  absence  or 

Coroner, 
incapacity  of  that  officer,  and  when  the 

sheriff  is  one  of  the  parties  in  a  suit.  His  chief  duty  is 
to  hold  an  inquest,  with  the  assistance  of  a  jury,  over 
the  body  of  any  person  who  may  have  died  from  vio- 
lence or  accident.1  The  jury  consists  of  six2  men  sum- 
moned by  a  constable,  in  obedience  to  a  warrant  from 
the  coroner.  The  object  of  the  inquest  is  stated  on 
page  32. 

An  officer  called  Surveyor  is  chosen  to  make  surveys 
of  any  lands  in  the  county,  when  applied 
to  for  the  purpose  by  parties  interested,  or 
by  any  of  the  courts.     A  record  of  these  surveys  is 
kept  by  the  surveyor. 

In  most  of  the  States,  a  Superintendent  of  Schools  is 
chosen  in  each  county.  The  duties  of  this  officer  are 
to  examine  candidates  for  teachers  in  the  Superintendent 
public  schools,  and  to  grant  licenses  or  cer-  of  Schools.3 
tificates  to  such  as  are  qualified ;  to  visit  the  schools  of 
the  county,  and  to  report  thereon  to  the  State  superin- 
tendent. In  Minnesota,  this  officer  is  appointed  by  the 
county  commissioners ;  in  Indiana  he  is  elected  by  the 
school  trustees  of  the  county;  in  the  other  States  in 
which  the  office  exists,  he  is  elected  by  the  people  of  the 
county. 

1  In  Minnesota,  cases  of  death  by  accident  are  not  subject  to  a  coroner's 
inquest. 

2  In  Iowa,  the  jury  consists  of  three  men. 

3  In  Ohio,  instead  of  the  superintendent,  each  county  has  a  board  of  school 
examiners,  by  whom  examinations  of  teachers  are  conducted,  and  certificates 
granted.    In  Michigan  there  are  township  instead  of  county  superintendents. 


CHAPTER  XXIII. 

TOWNSHIPS,  CITIES  AND  VILLAGES. 

In  the  Saxon  period  of  English  history,  the  freemen 

were   grouped   into   little   bodies   of  ten 
Origin  of  Towns.  in  i  n    -•     ,.tl  . 

householders   each,  called   timings;    and 

these  were  again  united  into  organizations  called  hun- 
dreds. The  next  larger  group  was  the  county.  These 
smaller  divisions  were  for  the  more  perfect  administra- 
tion of  justice,  each  body  being  responsible  for  its  mem- 
bers. If  a  person  had  committed  a  crime,  his  tithing 
was  bound  to  produce  him  to  the  court ;  or,  failing  to 
do  so,  was  required  to  pay  a  specified  sum  of  money. 
The  effect  of  this  system  was  to  throw  the  burden  of 
local  administration  directly  upon  the  people  of  the 
district.  Each  body  had  interests  peculiar  to  itself; 
and,  to  promote  these,  there  must  be  free  discussion  and 
choice  of  individuals  to  represent  them.  After  the 
introduction  of  the  feudal  system,  these  smaller  institu- 
tions fell  into  disuse ;  but,  in  the  towns,  the  idea  of 
local  self-government  was  retained,  and  was  brought  to 
this  country  by  the  early  settlers  of  New  England. 
The  people,  settling  together  in  different  localities, 

formed,  distinct  communities,  called  plan- 
Plantations. 

tations,  and,  from  the  beginning,  were  in 

the  habit  of  meeting  to  consider  matters  of  common 

194 


TOWNSHIPS,  CITIES  AND  VILLAGES.  195 

interest.  Very  early,  the  magistrates  came  to  recog- 
nize these  communities  as  such,  defined  carefully  the 
boundaries  of  land  which  each  should  occupy,  and,  to 
each  community  occupying  such  portion  of  territory, 
gave  a  name.  The  legislature,  from  time  to  time,  gave 
permission  to  form  new  settlements,  fixing  the  boun- 
daries, and  giving  a  name. 

The  charters  gave  all  power  of  government  to  the 
legislatures  ;  but  those  bodies  early  sane-  Growth  of 

tioned  a  practice  which  had  grown  up  in  Powers, 

the  towns,  of  managing  their  own  local  affairs  through 
men  chosen  for  this  purpose,  called  selectmen.  From 
time  to  time,  the  towns  were  empowered  to  choose 
other  municipal  officers,  and  gradually  came  to  have 
those  powers  and  duties  which  are  now  defined  by  the 
general  statutes  ;  but  the  supreme  jurisdiction  remained 
with  the  legislatures,  which  have  always  considered  the 
towns  as  corporations,  and  prescribed  the  mode  in  which 
they  should  perform  their  functions.  It  is  through  the 
town  governments  that  the  State  brings  its  authority 
directly  to  bear  upon  the  people.  Its  taxes  are  received 
by  the  town  collector,  its  writs  of  election  and  of  judi- 
cial process  served  by  town  constables,  and  its  school- 
laws  executed  by  town  committee-men. 

This  township  system  was  essentially  the  same  in  all 
the  New  England  colonies.     Its  influence 
has  been  great.      The  grouping  of  the 
people  in  towns  afforded  opportunity  for  frequent  in- 
tercourse and  exchange  of  opinion.     It  made  it  possible 
to  support  regular  services  of  public  worship,  and  to 
establish  and  maintain  public  schools.     The  frequent 
meetings  of  the  freemen  of  the  towns  gave  to  all  an 


196         CIVIL  GOVERNMENT  IN  THE  UNITED  STATES. 

opportunity  to  become  acquainted  with  the  conduct  of 
public  afiairs,  and  cultivated  a  spirit  of  independence 
in  thought  and  action.  In  them  every  man,  without 
distinction,  was  free  to  make  the  best  use  of  all  his  tal- 
ents, and  so  they  were  the  schools  in  which  the  men 
were  trained  who  were  foremost  in  discussing  the  great 
questions  that  preceded  the  Revolution.  At  the  same 
time,  the  whole  body  of  the  people  were  prepared  to 
judge  and  act  upon  these  subjects  when  the  occasion 
came.  Similar  influences  have  been  exerted  by  these 
organizations  to  the  present  time. 

TOWNSHIPS. 

The  word  township  has  two  meanings.  The  public 
lands  of  the  United  States  are  laid  out  in  tracts  six 
miles  square,  called  townships.  These  are  commonly 
distinguished  as  congressional  townships. 

The  civil  township1  is  one  of  the  subdivisions  of  the 
county,  laid  out  by  the  county  board,  and  incorporated 
under  the  general  laws  of  the  State.2 

The  powers  of  a  township  are  denned  by  the  general 

laws  of  the  State.     They  are  as  follows  : 

to  sue  and  be  sued ;  to  hold  and  dispose  of 

real  and  personal  property  for  the  public  use  of  the 

inhabitants ;  to  make  such  contracts  and  orders  as  are 

necessary  for  the  exercise  of  its  corporate  powers ;  to 

make  such  by-laws  as  are  necessary  for  managing  its 

affairs,  and  for  preserving  peace  and  good  order;    to 

raise  money  by  taxation. 

Every  township  is  required  by  law  to  hold  an  annual3 

1  In  Illinois,  Wisconsin  ami  Minnesota,  the  word  (own  is  used  in  this  sense, 
instead  of  township. 

2  In  Iowa,  the  township  is  not  a  corporate  body. 

3  In  Indiana,  biennial. 


TOWNSHIPS,    CITIES   AND   VILLAGES.  197 

meeting  on  a  day  fixed  by  statute,  usually  in  March 

or   April.     At   this  time  the  officers  are 

chosen,  and  the  most  important  business 

is  done.     Special  meetings  are  held  at  such  times  as 

the  trustees  or  supervisors  order. 

The  chief  duties  of  the  township  Clerk  are  to  record 
all  votes   passed  at  the  meetings  of  the 
township  ;  to  keep  a  record  of  the  doings 
of  the  board  of  supervisors  or  trustees ;   to  preserve 
the  records  and  other  books  of  the  town ;  to  record  the 
number  of  votes  and  the  names  of  persons  voted  for  at 
elections  of  State,  county  and  township  officers,  and  to 
make  the  necessary  returns.1 

Three  chief  executive  officers  are  chosen  in  each  town- 
ship ,  except  in  Indiana  an d  Michigan, where  supervisors,  or 
but  one  is  chosen.  They  are  called  Trustees  Trustees. 
in  Ohio,  Indiana  and  Iowa,  and  Supervisors  in  the  other 
States.  These  officers  have  the  general  charge  of  the 
business  of  the  township.  The  following  are  some  of 
the  more  important  of  their  duties :  to  purchase  and 
have  the  care  of  township  property ;  to  settle  claims 
against  the  township ;  to  levy  taxes  for  township  pur- 
poses ;  to  lay  out  roads  within  the  township  ;  to  divide 
the  township  into  road  districts ;  to  preside  at  elec- 
tions ;  to  represent  the  township  in  its  relations  to  the 
county  and  State  and  in  suits  at  law  ;  to  act  as  a  board 
of  health,  and  in  most  of  the  States  as  overseers  of  the 
poor  and  as  fence  viewers. 

One  or  more  assessors  of  taxes  are  chosen  in  each 
township.2    These  officers  are  required  to 
take  oath  to  perform  their  duties  impar- 
tially.    The  statutes  prescribe  minutely  what  property 
is  liable  to  taxation,  and  the  mode  of  apportionment. 

1    In  Minnesota,  election  returns  are  not  made  by  the  town  clerk* 


198        CIVIL,  GOVERNMENT  IN  THE  UNITED  STATES. 

The  property  subject  to  taxation  includes  all  lands 
Taxable  anc^  buildings  within  the  State ;  goods, 

Property.  chattels  and  money  ;  money  at  interest ; 

debts  due  the  person  more  than  his  own  indebtedness  ; 
stocks  and  bonds  of  banking,  manufacturing,  and  other 
corporations. 

Some  property  in  the  State  is  exempted  from  taxa- 
tion. This  includes  the  property  of  the 
Exempted  United  States,  of  the  State,  and  of  the 

from  Taxation.  colmties,  townships  and  cities  ;  the  prop- 
erty of  literary  and  charitable  institutions ;  of  schools 
and  other  educational  institutions ;  of  religious  socie- 
ties ;  of  scientific  and  agricultural  societies ;  public 
libraries ;  burial  grounds.  In  general,  if  any  part  of 
such  property  is  used  for  other  purposes  than  for  the 
immediate  use  of  the  societies  or  corporations  owning 
it,  such  part  is  subject  to  taxation. 

Beside  the  property  above  enumerated,  a  certain  por- 
tion of  the  property  of  private  individuals  is  usually 
exempt.  This  exemption  is  as  follows  :  — 

In  Ohio,  the  personal  property  of  each  individual, 
not  exceeding  fifty  dollars  in  value. 

In  Indiana,  five  hundred  dollars'  worth  of  the  prop- 
erty of  widows,  of  unmarried  females,  and  of  female 
minors  whose  fathers  are  deceased,  if  their  property  not 
exempted  does  not  exceed  one  thousand  dollars  in 
value. 

In  Michigan,  two  hundred  and  fifty  dollars'  worth  of 
household  furniture ;  fifty  dollars'  worth  of  spinning 
and  weaving  looms  and  apparatus ;  clothing  of  indi- 
vidual and  family  ;  one  hundred  and  fifty  dollars'  worth 
of  library  books  ;  school-books  ;  family  pictures  ;  fifteen 


TOWNSHIPS,  CITIES  AND  VILLAGES.  109 

sheep  to  each  householder,  with  their  fleeces,  and  the 
yarn  and  cloth  made  therefrom  ;  two  cows,  five  swine  ; 
food  and  fuel  for  the  family  for  six  months  ;  one  hun- 
dred dollars'  worth  of  musical  instruments. 

In  Wisconsin,  the  personal  property  of  each  indi- 
vidual, not  exceeding  two  hundred  dollars  in  value. 

In  Iowa,  farmers'  utensils,  mechanics'  tools,  and  pri- 
vate libraries,  not  exceeding  three  hundred  dollars  in 
value;  family  pictures;  kitchen  furniture,  beds  and 
bedding,  wearing  apparel  and  food ;  farm  produce  of 
the  previous  year. 

In  Minnesota,  the  personal  property  of  each  indi- 
vidual, not  exceeding  one  hundred  dollars  in  value. 

Usually  the  assessors  are  allowed  to  exempt  the 
property  of  such  persons  as,  by  reason  of  age  or  infirmity, 
they  judge  unable  to  contribute  fully  to  the  public 
charges. 

It  is  the  duty  of  each  assessor  annually  to  make  a 
complete  classified  list  of  all  the  property  Listing  of 

in  his  district  subject  to  taxation,  with  the  Property, 

value  thereof  and  the  name  and  residence  of  the  own- 
ers. In  order  that  he  may  do  this,  he  may  require  each 
person  to  furnish  him  with  a  complete  list  of  his  prop- 
erty, and  may  also  require  him  to  make  oath  that  the 
list  is  true. 

In  each  township  certain  officers  are  constituted  by 
law  a  Board  of  Equalization.  This  board  Boards  of 
examines  the  property  list  as  made  out  by  Equalization. 
the  assessor,  and  may  add  to  the  valuation  of  any 
property  or  deduct  from  it,  in  order  to  equalize  the 
burden  of  taxation  as  nearly  as  may  be.  Persons 
aggrieved  by  the  action  of  the  assessor  may  be  heard 


200         CIVIL,  GOVERNMENT  IN  THE  UNITED  STATES. 

by  this  board.  In  each  county  there  is  a  county  board 
of  equalization,  whose  duties  are  to  review  the  lists  as 
they  come  from  the  different  assessors,  and  to  equalize 
the  taxation  throughout  the  county.  There  is  also  a 
State  board,  which  receives  the  lists  of  taxable  property 
from  the  county  officers,  and  revises  the  valuation  in 
order  to  equalize  taxation  throughout  the  State.  The 
revised  lists  are  finally  returned  to  the  county  auditor. 

The  proper  officers  of  the  State  certify  to  the  auditor 
Apportionment  °^  eacn  county  the  amount  of  money  to  be 
of  Taxes.  raised  in  that  county  as  its  share  of  the  State 

tax,  or  the  rate  of  taxation  for  State  purposes.  The 
county  and  township  officers  certify  to  the  auditor  the 
amounts  needed  for  their  respective  districts.  If  the 
schools  and  highways  are  supported  by  separate  taxes, 
the  proper  officers  certify  to  the  auditor  the  amount  to  be 
raised  for  these  purposes.  Knowing  the  whole  amount 
of  money  to  be  raised,  the  auditor  *  proceeds  to  deter- 
mine the  rate  of  taxation  for  each  purpose,  and  then 
apportions  the  tax  to  the  property  already  listed.  The 
rate  that  can  be  levied  for  each  purpose  is  usually  lim- 
ited by  law. 

1  In.  Illinois,  instead  of  the  auditor,  the  county  clerk  receives  the  property 
lists  from  the  towns,  and  apportions  the  various  taxes  to  the  persons  liable 
therefor.  The  taxes  are  collected  by  town  collectors,  and  by  them  paid  to  the 
proper  authorities  of  the  town,  county  and  State.  In  counties  not  organized 
into  towns  there  is  a  county  assessor,  and  the  taxes  are  collected  by  the  sheriff. 

In  Michigan,  the  township  supervisor  acts  as  assessor.  The  county  clerk 
ascertains,  from  the  proper  officers,  the  amount  to  be  raised  for  State,  county 
and  township  purposes,  and  certifies  to  each  township  supervisor  the  amount 
to  be  raised  in  his  district.  The  supervisor  then  apportions  the  various  taxes 
upon  the  property  listed,  and  they  are  collected  by  the  township  treasurer. 

In  Wisconsin,  the  town  clerk  apportions  the  various  taxes  upon  the  property 
listed,  after  being  notified  of  the  amount  to  be  raised  for  State,  county  and 
township  purposes.  Taxes  are  collected  by  the  town  treasurer. 

In  Iowa,  tho  taxes  may  be  collected  by  township  collectors  if  the  county 
supervisors  order  the  election  of  such  officers. 


TOWNSHIPS,  CITIES  AND  VILLAGES.  201 

The  complete  tax  list  contains  a  description  of  all  the 
items  of  property  taxed,  with  the  amount  Collection  of 
due  from  each  for  State,  county  and  town-  Taxes- 
ship  purposes,  and  the  name  of  the  person  liable  there- 
for. This  list  is  given  to  the  county  treasurer,  who 
collects  the  taxes  according  to  law.1  If  a  tax  is  not 
paid  within  a  specified  time,  the  treasurer  may  take  the 
property,  or  such  portion  of  it  as  he  deems  necessary, 
and,  after  public  notice,  may  sell  it  at  public  sale, 
refunding  to  the  owner  whatever  is  received  above  the 
tax  and  cost  of  collection.  Real  estate,  sold  for  the 
payment  of  taxes  thereon,  may  be  redeemed  under  cer- 
tain specified  conditions.  The  treasurer  pays  to  the 
proper  officers  of  the  State  and  township  their  part  of 
the  tax  collected. 

In  townships  where  a  Treasurer  is  chosen,  his  duties 
are  to  receive  and  take  charge  of  all  sums 
of  money  belonging  to  the  township,  and 
to  pay  out  the  same  to  the  order  of  the  proper  officers. 

One  or  more  Constables  are  chosen  in  each  township. 
They  hold  the  same  relation  to  the  justice's 
court  that  the  sheriff  does  to  the  county 
court,  being  empowered  to  serve  writs  and  other  legal 
processes  specified  by  law.      They  also  serve  notices 
issued  to  them  by  the  township  trustees  or  supervisors. 

Each  township  is  divided  into  districts  for  the  main- 
tenance of  roads  and  bridges.     The  town- 
ship  supervisors   or  trustees  usually  lay 
out  the  districts,3  and  determine  the  amount  of  money 

1  See  note  on  page  200. 

2  la  Indiana  and  Illinois,  the  trustee  or  supervisor  acts  as  treasurer.    In 
Iowa,  the  township  clerk  performs  the  duties. 

3  In  Michigan,  a  Commissioner  of  Highways  is  chosen  in  each  township, 
who  lays  out  the  districts  and  superintends  the  overseers  in  the  performance 
of  their  duties. 


202        CIVIL  GOVERNMENT  IN  THE  UNITED  STATES. 

to  be  spent  in  each.  The  expenditure  of  the  money  is 
entrusted  to  officers  called  supervisors  or  overseers  of 
highways,  one  of  whom  is  usually  chosen  in  each  dis- 
trict. It  is  their  duty  to  keep  the  roads  in  repair,  to 
remove  obstructions,  and  to  exact  the  amount  of  labor 
required  by  law  from  persons  in  their  districts. 

Every  township  is  under  obligation  to  provide  for  the 
support  of  those  indigent  poor  who  have 

Care  of  Poor. 

acquired  a  legal  residence  therein.  The 
statutes  of  each  State  declare  what  constitutes  a  legal 
residence.  Persons  needing  relief,  but  having  no  legal 
residence  in  any  township,  are  supported  by  the  county. 
Hence  arises  a  distinction  between  county  poor  and 
township  poor. 

The  township  trustees  or  supervisors  are  empowered 
by  law  to  act  as  overseers  of  the  poor.  It  is  their  duty 
to  provide  relief  when  needed ;  to  ascertain  the  legal 
residence  of  the  persons  aided,  and  to  take  measures  to 
have  the  expense  borne  by  the  township  or  county  lia- 
ble therefor.  In  most  counties  a  poor-house  is  erected 
by  the  county  commissioners.  Here  the  county  poor  are 
cared  for,  and,  in  many  cases,  the  township  poor  are 
also  sent  thither,  the  cost  of  their  maintenance  being 
borne  by  the  township.  In  other  cases,  the  overseers 
make  annual  contracts  with  private  individuals  to  sup- 
port the  poor  of  the  township. 

In  most  of  the  States  the  counties  may  abolish  the 
distinction  between  county  and  township  poor,  and  may 
support  all  paupers  at  the  county  poor-house,  assessing 
the  expense  upon  the  townships.  In  Minnesota,  the 
poor  are  cared  for  wholly  by  the  county  officers.  The 
county  poor-house  is  in  the  care  of  the  county  commis- 


TOWNSHIPS,  CITIES  AND  VILLAGES.  203 

sioners,  or  of  a  board  of  overseers  appointed  by  them.1 
The  keeper  and  other  officers  are  appointed  by  this 
board. 

The  general  supervision  of  schools  is  entrusted  to  a 
board  of  officers  representing  the  whole 

c       .  School  Officers. 

township.  Besides  these,  there  is  a  local 
board  chosen  by  the  voters  of  the  districts  into  which 
the  township  is  divided.  The  functions  of  the  township 
board  are  to  establish  schools  ;  to  divide  the  township 
into  districts,  and  apportion  the  children  among  them ;  to 
make  rules  and  regulations  for  the  management  of  the 
schools  ;  to  receive  and  p;iy  out  the  money  accruing  to 
the  township  from  the  school  fund  of  the  State.  In 
some  of  the  States  the  title  to  all  school  property  is 
vested  in  the  township  board.  In  Ohio,  this  board  is 
called  a  board  of  education.  In  Indiana  and  Illinois, 
it  consists  of  persons  called  trustees.  In  Michigan, 
there  is  a  board  of  inspectors,  consisting  of  the  township 
clerk  and  superintendent' and  one  inspector.  In  Wisconsin, 
in  place  of  the  township  board,  there  is  a  town  Superin- . 
tendent  of  Schools,  who  apportions  the  school  money, 
forms  the  districts,  examines  teachers  and  visits  the  schools. 
In  Iowa,  there  is  a  township  board  of  directors.  In  Min- 
nesota, each  school  district  chooses  a  board  of  tmstees, 
consisting  of  a  director,  treasurer  and  clerk.  This 
board  has  full  power  to  maintain  schools  and  to  provide 
for  their  support  and  supervision. 

Each  township  is  divided  into  smaller  districts,  which 
choose  their  own  officers,  usually  called  directors.  The 
directors  have  the  care  of  the  school  buildings  and 
property,  and  of  necessary  repairs.  They  make  the 

1  la  Ohio,  they  are  called  Directors,  and  are  chosen  by  the  people. 


204        CIVIL  GOVERNMENT  IN  THE  UNITED  STATES. 

annual  enumeration  of  children,  as  required  by  law, 
upon  which  the  apportionment  of  the  school  fund  is 
based.  They  visit  the  schools  to  inspect  them,  and  have 
power  to  admit  and  expel  pupils.  They  usually  con- 
tract with  the  teachers  and  determine  what  text-books 
shall  be  used.  In  the  performance  of  most  of  these 
duties  they  are  subject  to  the  direction  and  control  of 
the  township  school  officers. 

One  of  the  duties  of  the  supervisors  or  trustees  is  to 
act  as  Fence  Viewers  to  settle  disputes  be- 

Fence  Viewers.  .    . 

tween  the  owners  of  adjoining  estates  re- 
specting partition  fences.  They  serve  only  on  applica- 
tion. They  decide  what  portion  of  a  partition  fence 
each  of  two  parties  shall  maintain,  or  divide  the  expense 
between  them ;  and,  in  cases  of  neglect,  they  direct 
proper  fences  to  be  erected. 

Most  townships  maintain  one  or  more  pounds,  or 
places  for  the  enclosure  and  safe  keeping 

Pound  Masters.       r 

of  stray  annuals,  and  choose  persons  called 
Pound-masters  to  have  the  care  of  them.  Cattle, 
sheep,  swine  and  horses  going  at  large  in  the  highway 
without  a  keeper  maybe  driven  to  the  pound,  and  cared 
for  by  the  pound  master  until  the  owner  can  be  noti- 
fied.1 The  statutes  prescribe  the  manner  of  advertising 
such  estrays  and  the  fees  of  the  officers. 

CITIES. 

Public  order  and  public  safety  are  not  as  easily  se- 
cured in  a  thickly  settled  community  as  where  the  pop- 
ulation is  more  scattered.  Hence  arises  a  necessity  for 

1  In  Iowa,  the  laws  allow  stray  cattle  to  be  taken  nnd  held  by  any  householder 
under  specified  limitations  and  conditions.  The  townships  do  not  maintain 
pounds. 


TOWNSHIPS,  CITIES  AND  VILLAGES.  205 

a  different  organization  with  more  extensive  powers 
than  the  township  possesses.  When  this  necessity  ex- 
ists, the  people  of  any  locality  may  be  incorporated 
anew  as  a  city. 

This  is  done  in  two  ways.    Sometimes  the  legislature 

grants  a  special  act  of  incorporation  called 

'  £  ...  .  ,       Incorporation  of. 

a  city  charter.     This  must  be  accepted  by 

a  majority  of  the  voters.  The  legislature  cannot  force 
a  city  organization  upon  any  people.  Sometimes  a 
general  law  of  the  State  authorizes  the  people  of  any 
township  to  assume  a  city  organization  by  complying 
with  specified  conditions.  In  such  cases  the  statutes 
also  prescribe  a  way  by  which  a  city  may  return  to  the 
township  organization  if  the  people  wish  to  do  so. 

The  entire  administration  of  city  affairs  is  vested  in 
an  officer  called  the  Mayor,  and  a  board  of 
Aldermen  or  Councilme  n .    This  board  with 
the  mayor  forms  the  city  council.    The  mayor  is  chosen 
by  the  voters  of  the  whole  city.     The  members  of  the 
council  are  chosen  from  election  districts,  called  wards, 
into  which  the  city  is  divided.     The  other  principal 
officers  are  a  clerk/  a  treasurer,  one  or  more  assessors, 
a  marshal  or  chief  of  police,  and  a  city  attorney  or 
solicitor. 

Besides  these,  in  some  cities  there  is  a  superintendent 
of  streets,  a  civil  engineer,  engineers  of  fire  depart- 
ment, and  other  inferior  officers.  The  mode  of  choos- 
ing these  officers  is  prescribed  by  State  law  or  by  the 
city  charter,  and  varies  in  different  cities.  Some  of 
them  are  chosen  by  the  people,  and  some  are  appointed 
by  the  city  council. 

1  In  Minnesota  and  in  Michigan  the  clerk  is  called  the  Recorder. 


206        CIVIL  GOVERNMENT  IN  THE  UNITED  STATES. 

The  mayor  is  the  chief  executive  officer  of  the  city. 
Duties  of  the  ^  ^s  h*8  duty  to  see  that  the  laws  of  the 
Mayor,  city  are  enforced,  and  to  supervise  the 

conduct  of  other  executive  officers.  He  presides  at 
meetings  of  the  city  council,1  and  gives  such  informa- 
tion and  makes  such  recommendations  as  he  deems 
necessary.  In  Ohio  and  Indiana,  the  mayor  acts  as 
judge  of  the  city  court,  unless  a  police  judge  is  chosen 
by  the  people. 

The  city  council  has,  in  general,  the  powers  exercised 
by  the  township  in  general  meeting.  Meas- 
Dutiesofthe  ures  for  raising,  appropriating  and  bor- 
City  Council.  rowing  money ;  the  erection  of  public 
buildings  and  other  public  works  ;  creating  public  offi- 
ces ;  the  salaries  of  officials  ;  regulations  to  secure  pub- 
lic order  and  safety,  —  all  these  are  determined  by  the 
council. 

Besides  these  general  powers,  the  council  lias  the 
powers  and  duties  of  township  supervisors  or  trustees. 
Among  these  are  the  control  of  police  matters  ;  calling 
meetings  for  election  ;  laying  out  and  altering  streets  ; 
granting  licenses ;  establishing  fire  department,  water 
works  and  sewers ;  appointing  to  the  less  important 
city  offices. 

The  duties  of  the  clerk,  treasurer  and  assessor  are 
Duties  of  inferior  essentially  the  same  as  in  the  township. 
Officers.  The  marshal  is  the  chief  of  the  police,  and 

has  ulso  the  powers  of  a  constable.  The  duties  of  the 
city  solicitor  or  attorney  are  to  draft  all  legal  instru- 
ments required  in  the  conduct  of  city  affairs  ;  to  act  as 
attorney  iu  all  cases  at  law  in  which  the  city  is  a  party  ; 

1  In  Ohio  and  Minnesota,  the  presiding  officer  is  chosen  by  the  council. 


TOWNSHIPS,  CITIES  AND  VILLAGES.  207 

to  give  legal  advice  when  required  by  any  city  officer  in 
the  discharge  of  his  duties.  The  duties  of  the  other 
officers  are  indicated  by  their  names. 

In  most  of  the  States  the  city  schools  are  under  the 
care  of  a  single  board  of  education,  con- 

v    .  ,.          f.  ,.  rp,  .    ,          ,       School  Officers. 

sisting  of  trustees  or  directors.  This  board 
establishes  schools,  provides  buildings  and  supplies, 
contracts  with  teachers,  determines  studies  and  text- 
books, makes  rules,  and  appoints  a  superintendent,  who 
has  the  direct  supervision  of  the  schools  and  reports 
upon  their  condition  and  needs. 

Those  regulations  to  promote  the  local  welfare,  called 
by-laws  or  ordinances,  vary  in  number  and 

.  .  ,.  City  Ordinances. 

extent  with  the  population  of  the  place. 
The  more  dense  the  population,  the  more  poverty  and 
crime,  and  the  more  danger  from  accident,  fire  and  in- 
fectious diseases.  The  city  ordinances  are  minute  in 
their  requirements  respecting  the  removal  of  ofial  and 
filth ;  the  construction  of  sewers  and  drains  ;  the  erec- 
tion and  use  of  buildings  ;  the  obstruction  of  streets  by 
teams,  or  of  sidewalks  by  ice  and  snow ;  the  sale  of 
meats,  milk,  fish  and  vegetables.  They  require  the 
most  careful  precautions  against  fires.  They  punish 
truancy  and  vagrancy,  because  they  are  the  source  of 
crime.  They  protect  public  property  in  parks  and 
cemeteries  from  mischievous  or  malicious  injury. 

INCORPORATED    VILLAGES. 

There  are  many  communities  too  thickly  settled  to  be 
governed  under  the  township  system,  but  not  large 
enough  to  require  a  city  organization.  Such  a  com- 
munity may  be  incorporated  as  a  village.1  These  are 

1  In  Indiana  and  Iowa,  the  name  incorporated  totvn  is  used. 


208        CIVIL  GOVERNMENT  IN  THE  UNITED  STATES. 

sometimes  organized  by  special  charter,  but  more  com- 
monly under  a  general  law,  which  pre- 

Incorporation  of.  f 

scribes  the  requisite  population,  how  the 
question  of  incorporation  shall  be  voted  on,  how  the 
new  government  shall  be  organized,  and  what  powers  it 
shall  have. 

In  each  village  there  is  a  council  consisting  of  a  pres- 
ident1 and  a  board  of  trustees.    In  Illinois 
Officers.  i    -r    i 

and  Indiana,  the  president  is  chosen  by 
the  trustees  from  their  own  number.  In  the  other  States , 
he  is  chosen  by  the  people.  Besides  these,  there  is  a 
clerk,2  a  treasurer,  an  assessor,  a  marshal,  and  some 
other  inferior  officers.  The  powers  and  duties  of  these 
officers  are  similar  to  those  of  the  corresponding  offi- 
cers in  the  cities,  but  are  not  as  extensive.  In  its 
powers,  the  village  is  intermediate  between  a  township 
and  a  city. 

In  comparing  the  government  of  a  city  or  village 

with  that  of  a  township,  we  see  that  the 
Comparison  of 

City,  Village  legislative  functions  are  exercised  by  the 
and  Township,  ^irncil,  instead  of  by  the  whole  body  of 
voters.  The  township  organization  is  more  democratic 
than  that  of  the  city,  and  for  this  reason  adapted  only  to  a 
small  community.  The  highest  executive  functions  arc 
performed  by  the  council  instead  of  by  trustees  or  su- 
pervisors. Many  of  the  inferior  officers  are  elected  by 
the  council,  instead  of  by  the  people.  The  voters  meet 
in  districts  for  election,  instead  of  in  one  body. 

1  In  Ohio  and  Iowa,  the  chief  executive  officer  is  called  mayor. 

2  In  Ohio,  Indiana  and  Iowa,  the  clerk  is  called  recorder,  and  is  a  member  of 
the  council. 


CHAPTER  XXIV. 

ELECTIONS    AND    NOMINATIONS. 

THE  time  and  manner  of  electing  State  and  county 
officers   are   prescribed   by   statute,    and   are   uniform 
throughout  each  State.    In  Illinois,  Michi- 
gan, WisconsWand  Minnesota,  the  time  is 
the  Tuesday  next  after  the  first  Monday  in  November. 
In  Ohio  and  Indiana,  the  time  is  the  second  Tuesday 
in  October.     In  Iowa,  the  time  is  the  second  Tuesday 
in  October,  except  in  the  year  of  the  presidential  elec- 
tion, when  it  is  the  Tuesday  next  after  the  first  Monday 
in  November. 

In  Ohio,  a  voter  must  be  a  male  citizen  of  the  United 
States,  who  has  attained  twenty-one  years  Qualifications 
of  age,  and  who  has  resided  in  the  State  of  Voters. 
one  year,  in  the  county  thirty  days,  and  in  the  township 
or  ward  twenty  days,  next  preceding  the  election  at 
which  he  wishes  to  vote. 

In  Indiana,  a  voter  must  be  a  male  who  has  attained 
twenty-one  years  of  age,  and  who  has  resided  in  the 
State  six  months  next  preceding  the  election,  and  who 
is  a  bona  fide  resident  of  the  township  or  ward  where 
he  seeks  to  vote.  He  must  either  be  a  citizen  of  the 
United  States,  or  must  have  resided  in  the  United 
States  one  year,  and  have  declared  his  intention  of 
becoming  a  citizen  according  to  law. 

1    In  Wisconsin,  the  judicial  officers  and  county  superintendent  are  elected  in 
April.  2Q9 


210        CIVIL  GOVEIINMENT  IN  THE  UNITED  STATES. 

Ill  Illinois,  a  voter  must  be  a  male  citizen  of  the 
United  States,  who  has  attained  twenty-one  years  of 
age,  and  who  has  resided  in  the  State  one  year,  in  the 
county  ninety  days,  and  in  the  election  district  thirty 
days,  next  preceding  the  election. 

In  Michigan,  a  voter  must  be  a  male  who  has  attained 
twenty-one  years  of  age,  and  who  has  resided  in  the 
State  three  months,  and  in  the  township  or  ward  ten 
days,  next  preceding  the  election.  He  must  either  be 
a  citizen  of  the  United  States ;  or  have  been  a  resident 
in  the  State  on  the  twenty-fourth  day  of  June,  1835  ;  or 
a  resident  of  the  State  on  the  first  day  of  .January,  1850, 
who  has  declared  his  intention  of  becoming  a  citizen  six 
months  before  the  election ;  or  a  resident  of  the  State 
for  two  years  and  six  months,  who  has  declared  his  in- 
tention as  above ;  or  a  civilized  inhabitant  of  Indian 
descent  who  is  a  native  of  the  United  States  and  not  a 
member  of  any  tribe. 

In  Wisconsin,  a  voter  must  be  a  male  who  has  at- 
tained twenty-one  years  of  age,  and  who  has  resided  in 
the  State  one  year  next  preceding  the  election.  He 
must  be  a  citizen  of  the  United  States ;  or  a  person  who 
has  declared  his  intention  of  becoming  a  citizen ;  or  a 
person  of  Indian  blood  who  has  once  been  declared  by 
law  of  Congress  to  be  a  citizen,  any  subsequent  law  of 
Congress  to  the  contrary  notwithstanding ;  or  a  civilized 
person  of  Indian  descent  who  is  not  a  member  of  any 
tribe. 

In  Iowa,  a  voter  must  be  a  male  citizen  of  the  United 
States,  who  has  attained  twenty-one  years  of  age,  and 
who  has  resided  in  the  State  six  months,  and  in  the 
county  sixty  days,  next  preceding  the  election. 


ELECTIONS  AND  NOMINATIONS.          211 

111  Minnesota,  a  voter  must  be  a  male  who  has  attained 
twenty-one  years  of  age,  and  who  has  resided  in  the 
State  four  months,  and  in  the  election  district  ten  days, 
next  preceding  the  election.  He  must  be  a  citizen  of 
the  United  States ;  or  a  person  who  has  declared  his 
intention  of  becoming  a  citizen ;  or  a  civilized  person 
of  mixed  white  and  Indian  blood  ;  or  a  civilized  person 
of  Indian  blood  who  has  been  declared  capable  of  en- 
joying citizenship  by  the  District  Court  of  the  State. 

Usually  each  township  and  each  ward  of  a  city  con- 
stitutes an  election  district,  but  townships 

Election  Districts. 

may  be  divided  into  two  or  more  election 

precincts  or  districts,  if  convenience  in  voting  seems  to 

require  such  division. 

In  each  election  district  there  are  judges  and  clerks 
of  elections,  who  receive,  count  and  record 

...         ,,    .  ,  .  i  •  i      /.  Election  Officers. 

the  votes.  In  all  townships  which  form 
one  election  district,  the  township  trustees  or  super- 
visors act  as  judges  of  election.  In  States  where  each 
township  has  but  one  trustee  or  supervisor,  two  other 
persons  are  associated  with  him  as  judges.  Thus,  in 
Indiana,  the  township  trustee  is  called  inspector  of 
elections,  and  he  appoints  two  other  persons  to  act  with 
him  as  judges.  In  Illinois,  the  board  consists  of  the 
township  supervisor,  assessor,  and  collector ;  in  Michi- 
gan, of  the  supervisor,  the  justice  of  the  peace  whose 
term  first  expires,  and  the  township  clerk. 

The  township  clerk  and  one  other  person  appointed 
by  the  judges  act  as  clerks  of  election. 

When  a  township  contains  more  than  one  election 
district,  three  judges  and  two  clerks  are  appointed  in 
each.  A  similar  board  of  officers  is  appointed  in  each 
ward  of  a  city. 


212        CIVIL  GOVERNMENT  IN  THE  UNITED  STATES. 

All  State  and  county  officers  are  elected  by  ballot. 
On  the  day  of  election  each  voter  presents 

Manner  of  Voting.      .•,•,•,,  f    .,        .     ^  T~  ,, 

his  ballot  to  one  of  the  judges.  If  the 
judge,  or  any  other  voter,  has  reason  to  believe  that 
any  person  oifering  to  vote  is  not  legally  qualified  to 
do  so,  he  may  challenge  the  vote.  If  this  is  done,  the 
judge  may  require  the  person  to  take  oath,  or  to  affirm, 
that  he  has  each  of  the  qualifications  required  by  law. 
If  the  person  refuses  to  do  this,  his  vote  is  not  received. 

When  the  judge  receives  a  ballot,  he  deposits  it  in  a 
box  provided  for  the  purpose,  and  calls  the  name  of  the 
voter.  The  clerks  record  the  name  in  books  provided 
for  the  purpose,  called  poll-books  or  poll-lists. 

In  Illinois,  Michigan,  Iowa  and  Minnesota,  the  judges 
of  election  are  required  by  law,  at  a  speci- 

Eegistry  of  Votes.  fied    time   before    each   annufll   election)  to 

make  a  register  of  all  the  legal  voters  in  the  township.1 
This  register  is  open  to  the  public.  At  another  speci- 
fied time,  usually  about  a  week  before  the  election,  the 
board  of  registry  meet  for  the  purpose  of  adding  to  the 
list  the  names  of  such  persons  as  claim  to  be  entitled  to 
vote.  This  register  is  in  the  hands  of  the  election  offi- 
cers, and  at  the  election,  as  the  name  of  the  voter  is 
called,  it  is  checked  on  the  list. 

At  the  close  of  the  election,  the  judges  examine  the 

ballots,  and  the  clerks  record  in  the  poll- 
Canvass  of  Votes.  _  ,  f 
book  the  names  of  the  persons  voted  for 

for  each  office,  with  the  number  of  votes  for  each.  Quo 
of  these  duplicate  poll-books  is  kept  by  the  township 
clerk,  and  the  other  is  sent,  properly  certified  to,  to  the 
county  clerk,  or  to  some  other  designated  county  officer. 
In  each  county,  certain  officers  are  designated  by  law 

1    In  Wisconsin  a  similar  registry  is  required  in  cities  and  incorporated  villages. 


ELECTIONS  AND    NOMINATIONS.  213 

to  form  a  board  of  county  canvassers.     In  Ohio,  the 
board  consists  of  the  clerk  of  the   court 
of  common  pleas  and  two  justices  of  the 
peace.     In  Indiana  and  Michigan,  it  consists  of  one  of 
the  judges  from  each  of  the  election  districts,  who  has 
been  selected  by  the  local  board.     In  Illinois  and  Wis- 
consin, it  consists  of  the  county  clerk  and  two  justices 
of  the  peace  ;  In  Iowa,  of  the  county  supervisors  ;  in 
Minnesota,  of  the  county  auditor  and  two  justices  of  the 
peace. 

The  board  examines  the  returns  made  by  the  clerks 
of  the  several  election  districts,  and  makes  a  list  of  the 
persons  voted  for  for  each  office,  with  the  number  of 
votes  for  each.  After  such  examination,  the  board  de- 
clares what  persons  are  elected  to  the  several  county 
offices. 

In  the  election  of  representatives  and  senators,  there 
are  usually  district  boards  of  canvassers,  who  examine 
the  returns  and  declare  what  persons  are  chosen. 

An  abstract  of  the  votes  for  State  officers  is  sent 
from  each  county  to  the  secretary  of  State, 
and  by  him  laid  before  a  board  of  State  State  Canvass< 
canvassers.  This  board  examines  the  returns,  and  de- 
clares what  persons  are  elected  to  the  several  State 
offices.  In  the  election  of  all  State  and  county  officers, 
the  person  having  the  highest  number  of  votes  is  de- 
clared elected. 

Certificates  of  election  are  given  to  persons  chosen  to 
county  offices  by  the  county  clerk;1  and  to  persons 
chosen  to  State  offices,  by  the  governor  or  secretary  of 
State. 

1  In  Ohio,  certificates  are  issued  by  the  clerk  of  the  court  of  common  pleas; 
in  Iowa,  by  the  president  of  tho  boar  A  of  supervisors ;  in  Minnesota,  by  the 
county  auditor. 


214        CIVIL  GOVERNMENT  IN  THE  UNITED  STATES. 
NOMINATIONS. 

The  constitution  and  laws  of  each  State,  as  we  have 
seen,  prescribe  minutely  the  mode  of  electing  the  vari- 
ous officers ;  but  the  selection  of  candidates  is  left  to 
be  determined  by  political  parties  into  which  the  people 
are  divided,  and  by  them  the  whole  matter  is  systema- 
tized. 

Each  party  has  a  State  committee  to  look  after  the  gen- 
eral interests  of  the  party,  and  to  promote 
its  success.  There  is  also  a  committee  in 
each  county;  in  each  township,  city  and  ward  in  the 
county ;  and  in  each  representative  and  senatorial  dis- 
trict. 

Several  months  before  a  general  election,  the  State 
committee  issues  a  call  for  a  convention 
m  to  nominate  candidates  for  the  State  offi- 
ces. The  call  states  the  basis  of  representation  in  the 
convention,  one  delegate  being  allowed  for  a  specified 
number  of  party  voters. 

Upon  receiving  this  notice,  the  local  committee  issues 

calls  for  caucuses.     These  are  meetings  of 

the  voters   of  a  party  in  a  township  or 

a,   ward,  for   the   purpose  of  choosing   delegates  to  a 

convention,  or  of  nominating  candidates  for  local  offices. 

Sometimes  the  delegates  to  the  State  convention  are 
chosen  at  a  county  convention,  which  may  be  a  mass 
convention  of  all  the  voters  of  the  party  in  the  county, 
or  it  may  be  composed  of  delegates  from  the  townships 
and  wards,  chosen  at  caucuses. 

The  delegates  from  all  the  counties  or  townships  meet 
Nominating  a^  ^c  aPPomted  time,  and,  after  organiz- 
Conyontion.  ing,  choose  candidates  for  all  the  State 


ELECTIONS  AND   NOMINATIONS.  215 

offices  that  are  to  become  vacant  at  the  end  of  the  offi- 
cial year.  Before  or  after  the  nominations  are  made,  a 
platform  is  adopted.  This  consists  of  a  number  of  res- 
olutions setting  forth  the  principles  of  the  party  which 
the  nominees  are  supposed  to  represent. 

Previous  to  the  election,  county  conventions  are  held  to 
nominate  county  officers,  and  district  and  judicial  con- 
ventions, to  nominate  candidates  for  both  branches  of 
the  legislature,  and  for  judges  of  the  different  courts. 
To  all  of  these,  delegates  are  sent  from  the  local  cau- 
cuses. The  frequency  of  these  conventions  in  any  State 
depends  upon  the  length  of  term  of  the  different 
offices. 

Each  party  having  made  its  nominations,  the  cam- 
paign, as  it  is  called,  opens.     Every  effort 
is  made  by  public  meetings,  by  the  news- 
papers, and  by  personal  influence,  to  secure  the  great- 
est number  of  votes  for  each  candidate  ;  and  the  work 
goes  on,  under  the  supervision  of  the  various  commit- 
tees, until  the  day  of  election. 

This  convention  system  makes  it  possible  for  politi- 
cal managers  to  control  the  election.  The  objections  to 
voter,  on  the  day  of  election,  has  little  the  System. 
room  for  choice.  He  must  either  vote  for  the  nominee 
of  his  party  or  of  the  opposite  party,  or  throw  away 
his  ballot  by  casting  it  for  some  person  who  has  no 
chance  of  election.  He  may  like  neither  of  the  candi- 
dates ;  and  his  vote  may  only  indicate  his  choice  of 
evils.  It  is  now  too  late  for  him  to  protest. 

The  place  of  influence  is  the  primary  caucus.  If 
that  is  controlled  by  politicians  for  selfish  importance  of 
purposes,  the  candidates  will  be  men  of  the  Caucus. 


216        CIVIL  GOVERNMENT  IN  THE  UNITED  STATES. 

the  same  stamp,  and  the  government  will  be  corrupt. 
The  fate  of  the  nation  is  decided  at  the  caucuses,  not 
at  the  elections.  If  it  is  a  duty  of  every  voter  to  vote, 
it  is  a  more  imperative  duty  for  him  to  attend  the 
primary  meetings  of  his  party.  If  he  does  not  do  so, 
he  has  no  right  to  complain  of  dishonest  or  incompe- 
tent officials.  He  must  blame  himself  for  his  own 
negligence. 


ORDINANCE  OP  1787. 


In  Congress,  July  13, 


A      VDINANCE  FOR  THE  GOVERNMENT  OF  THE  TERRITORY  OF  THE 
STATES  NORTHWEST  OF  THE  RIVER  OHIO. 

Be  \t  ordained  by  the  United  States  in  Congress  assembled,  That 
the  said  Territory,  for  the  purposes  of  temporary  government, 
be  one  district;  subject,  however,  to  be  divided  into  two  districts, 
as  future  circumstances  may,  in  the  opinion  of  Congress,  make 
it  expedient. 

Be  it  ordained  "by  the  authority  aforesaid.  That  the  estates,  both 
of  resident  and  non-resident  proprietors  in  the  said  Territory, 
dying  intestate,  shall  descend  to  and  be  distributed  among  their 
children,  and  the  descendants  of  a  deceased  child,  in  equal  parts; 
the  descendants  of  a  deceased  child  or  grandchild  to  take  the 
share  of  their  deceased  parent,  in  equal  parts,  among  them;  and 
where  there  shall  be  no  children  or  descendants,  then  in  equal 
parts  to  the  next  of  kin,  in  equal  degree;  and  among  collaterals, 
the  children  of  a  deceased  brother  or  sister  of  the  intestate  shall 
have,  in  equal  parts,  among  them,  their  deceased  parent's  share; 
and  there  shall  in  no  case  be  a  distinction  between  kindred  of 
the  whole  and  half  blood;  saving  in  all  cases  to  the  widow  of  the 
intestate  her  third  part  of  the  real  estate  for  life,  and  one  third 
part  of  the  personal  estate;  and  this  law  relative  to  descents  and 
dower  shall  remain  in  full  force  until  altered  by  the  legislature 
of  the  district.  And  until  the  governor  and  judges  shall  adopt 
laws  as  hereinafter  mentioned,  estates  in  the  said  Territory  may 
be  devised  or  bequeathed  by  wills  in  writing,  signed  and  sealed 
by  him  or  her  in  whom  the  estate  may  be  (being  of  full  age),  and 
attested  by  three  witnesses,  and  real  estates  may  be  conveyed 
by  lease  and  release,  or  bargain  and  sale,  signed,  sealed  and  do- 


218  ORDINANCE    OF    1787. 

livered  by  the  person,  being  of  full  age,  in  whom  the  estate  may 
be,  and  attested  by  two  witnesses,  provided  such  wills  be  duly 
proved  and  such  conveyances  be  acknowledged,  or  the  execu- 
tion thereof  duly  proved,  and  be  recorded  within  one  year  aftei 
proper  magistrates,  courts,  and  registers  shall  be  appointed  foi 
that  purpose ;  and  personal  property  may  be  transferred  by  de- 
livery, saving,  however,  to  the  Trench  and  Canadian  inhabitants, 
and  other  settlers  of  the  Kaskaskias,  Saint  Vinqent's,  and  the 
neighboring  villages,  who  have  heretofore  professed  themselves 
citizens  of  Virginia,  their  laws  and  customs  now  in  force  among 
them,  relative  to  descent  and  conveyance  of  property. 

Be  it  ordained  by  the  authority  aforesaid,  That  there  shall  be 
appointed  from  time  to  time,  by  Congress,  a  governor,  whose 
commission  shall  continue  in  force  for  the  term  of  three  years, 
unless  sooner  revoked  by  Congress ;  he  shall  reside  in  the  dis- 
trict, and  have  a  freehold  estate  therein,  in  one  thousand  acres 
of  land,  while  in  the  exercise  of  his  office.  There  shall  be 
appointed  from  time  to  time,  by  Congress,  a  secretary,  whose 
commission  shall  continue  in  force  for  four  years,  unless  sooner 
revoked;  he  shall  reside  in  the  district,  and  have  a  freehold  es- 
tate therein,  in  five  hundred  acres  of  land,  while  in  the  exercise 
of  his  office;  it  shall  be  his  duty  to  keep  and  preserve  the  Acta 
and  laws  passed  by  the  legislature,  and  the  public  records  of  the 
district,  and  the  proceedings  of  the  governor  in  his  executive 
department;  and  transmit  authentic  copies  of  such  acts  and  pro- 
ceedings, every  six  months,  to  the  secretary  of  Congress  There 
shall  also  be  appointed  a  court  to  consist  of  three  judges,  any 
two  of  whom  to  form  a  court,  who  shall  have  a  common  law 
jurisdiction,  and  reside  in  the  district,  and  have  each  therein  a 
freehold  estate,  in  five  hundred  acres  of  land,  while  in  the  exer- 
cise of  their  offices;  and  their  commissions  shall  continue  in 
force  during  good  behavior. 

The  governor  and  judges,  or  a  majority  of  them,  shall  adopt 
and  publish  in  the  district  such  laws  of  the  original  States, 
criminal  and  civil,  as  may  be  necessary,  and  best  suited  to  tho 
circumstances  of  the  district,  and  report  them  to  Congress,  from 
time  to  time,  which  laws  shall  be  in  force  in  the  district  until 
the  organization  of  the  general  assembly  therein,  imless  disap- 
proved of  by  Congress;  but  afterwards  the  legislature  sh;»^l 
have  authority  to  alter  thorn  as  they  shall  think  fit. 


ORDINANCE   OF   1787. 

The  governor,  for  the  time  being,  shall  be  commander-in-chief 
of  the  militia,  appoint  and  commission  all  officers  in  the  same, 
below  the  rank  of  general  officers.  All  general  officers  shall  be 
appointed  and  commissioned  by  Congress. 

Previous  to  the  organization  of  the  general  assembly,  the  gov- 
ernor shall  appoint  such  magistrates  and  other  civil  officers,  in 
each  county  or  township,  as  he  shall  find  necessary  for  the  pres- 
ervation of  the  peace  and  good  order  in  the  same.  After  the 
general  assembly  shall  be  organized,  the  powers  and  duties  cf 
magistrates  and  other  civil  officers  shall  be  regulated  and  defined 
by  the  said  assembly;  but  all  magistrates  and  other  civil  officer, 
not  herein  otherwise  directed,  shall,  during  the  continuance  of 
this  temporaiy  government,  be  appointed  by  the  governor. 

For  the  prevention  of  crimes  and  injuries,  the  laws  to  be 
adopted  or  made  shall  have  force  in  all  parts  of  the  district,  and 
for  the  execution  of  process,  criminal  and  civil,  the  governor 
shall  make  proper  divisions  thereof;  and  he  shall  proceed  from 
time  to  time,  as  circumstances  may  require,  to  lay  out  the  parts 
of  the  district  in  which  the  Indian  titles  shall  have  been  extin- 
guished, into  counties  and  townships,  subject,  however,  to  such 
alterations  as  may  thereafter  be  made  by  the  legislature. 

So  soon  as  there  shall  be  five  thousand  free  male  inhabitants, 
of  full  age,  in  the  district,  upon  giving  proof  thereof  to  the  gov- 
ernor, they  shall  receive  authority,  with  time  and  place,  to  elect 
representatives  from  their  counties  or  townships,  to  represent 
them  in  the  general  assembly;  provided,  that  for  every  five  hun- 
dred free  male  inhabitants  there  shall  be  one  representative,  and 
so  on  progressively  with  the  number  of  free  male  inhabitants 
shall  the  right  of  representation  increase,  until  the  number  of 
representatives  shall  amount  to  twenty-five,  after  which  the  num- 
ber and  proportion  of  representatives  shall  be  regulated  by  tho 
legislature;  provided,  that  no  person  be  eligible  or  qualified  to  act 
as  a  representative  unless  he  shall  have  been  a  citizen  of  one  of 
the  United  States  three  years,  and  be  a  resident  in  the  district, 
or  unless  he  shall  have  resided  in  the  district  three  years  and  in 
either  case  shall  likewise  hold  in  his  own  right,  in  fee  simple, 
two  hundred  acres  of  land  within  the  same;  provided,  also,  that 
a  freehold  in  fifty  acres  of  land  in  the  district,  having  been  a  cit- 
izen of  one  of  the  States,  and  being  resident  in  tho  district,  or 


220  ORDINANCE   OF    1787. 

the  like  freehold  and  two  years'  residence  in  the  district,  shall  be 
necessary  to  qualify  a  man  as  an  elector  of  a  representative. 

The  representatives  thus  elected  shall  serve  for  the  term  of 
two  years,  and  in  case  of  the  death  of  a  representative,  or  removal 
from  office,  the  governor  shall  issue  a  writ  to  the  county  or  town- 
ship for  which  he  was  a  member,  to  elect  another  in  his  stead, 
to  serve  for  the  residue  of  the  term. 

The  general  assembly  or  legislature  shall  consist  of  the  gover- 
nor, legislative  council,  and  a  House  of  Representatives.  The 
legislative  council  shall  consist  of  five  members,  to  continue  in 
office  for  five  years,  unless  sooner  removed  by  Congress,  any 
three  of  whom  to  be  a  quorum,  and  the  members  of  the  council 
shall  be  nominated  and  appointed  in  the  following  manner,  to 
wit:  As  soon  as  representatives  shall  be  elected,  the  governor 
shall  appoint  a  time  and  place  for  them  to  meet  together,  and 
when  met  they  shall  nominate  ten  persons,  residents  in  the  dis- 
trict, and  each  possessed  of  a  freehold  in  five  hundred  acres  of 
land,  and  return  their  names  to  Congress;  five  of  whom  Congress 
shall  appoint  and  commission  to  serve  as  aforesaid;  and  when- 
ever a  vacancy  shall  happen  in  the  council,  by  death  or  removal 
from  office,  the  House  of  Representatives  shall  nominate  two  per- 
sons, qualified  as  aforesaid,  for  each  vacancy,  and  return  their 
names  to  Congress,  one  of  whom  Congress  shall  appoint  and 
commission  for  the  residue  of  the  term;  and  every  five  years, 
four  months  at  least  before  the  expiration  of  the  time  of  service 
of  the  members  of  council,  the  said  House  shall  nominate  ten  per- 
sons, qualified  as  aforesaid,  and  return  their  names  to  Congress, 
five  of  whom  Congress  shall  appoint  and  commission  to  serve  as 
members  of  the  council  five  years,  unless  sooner  removed. 

And  the  governor,  legislative  council,  and  House  of  Represen- 
tatives, shall  have  authority  to  make  laws  in  all  cases  for  the  good 
government  of  the  district,  not  repugnant  to  the  principles  and 
articles  in  this  ordinance  established  and  declared.  And  all  bills 
having  passed  by  a  majority  in  the  House,  and  by  a  majority  in 
the  council,  shall  be  referred  to  the  governor  for  his  assent;  but 
no  bill  or  legislative  act  whatever  shall  be  of  any  force  without 
his  assent.  The  governor  shall  have  power  to  convene,  prorogue, 
and  dissolve  the  general  assembly,  when  in  his  opinion  it  shall 
be  expedient. 


ORDINANCE   OF    1787.  221 

The  governor,  judges,  legislative  council,  secretary,  and  such 
other  officers  as  Congress  shall  appoint  in  the  district,  shall  take 
an  oath  or  affirmation  of  fidelity,  and  of  office  —  the  governor 
hefore  the  president  of  Congress,  and  all  other  officers  before 
the  governor.  As  soon  as  a  legislature  shall  be  formed  in  the 
district,  the  council  and  house,  assembled  in  one  room,  shall  have 
authority,  by  joint  ballot,  to  elect  a  delegate  to  Congress,  who 
shall  have  a  seat  in  Congress,  with  a  right  of  debating,  but  not 
of  voting,  during  this  temporary  government. 

And  for  extending  the  fundamental  principles  of  civil  and 
religious  liberty,  which  form  the  basis  whereon  these  republics, 
their  laws  and  constitutions,  are  erected;  to  fix  and  establish  those 
principles  as  the  basis  of  all  laws,  constitutions,  and  govern- 
ments which  forever  hereafter  shall  be  formed  in  the  said  ter- 
ritory; to  provide  also  for  the  establishment  of  States,  and 
permanent  government  therein,  and  for  their  admission  to  a 
share  in  the  federal  councils  on  an  equal  footing  with  the  origi- 
nal States,  at  as  early  periods  as  may  be  consistent  with  the  gen- 
eral interest. 

It  is  hereby  ordained  and  declared  by  the  authority  aforesaid, 
That  the  following  articles  shall  be  considered  as  articles  of  com- 
pact between  the  original  States  and  the  people  and  States  in  the 
said  territory,  and  forever  remain  unalterable,  unless  by  common 
consent,  to  wit:  — 

ARTICLE  I. — No  person  demeaning  himself  in  a  peaceable 
and  orderly  manner  shall  ever  be  molested  on  account  of  his 
mode  of  worship  or  religious  sentiments  in  the  said  Territory. 

ART.  II.  —  The  inhabitants  of  the  said  Territory  shall  always 
be  entitled  to  the  benefit  of  the  writ  of  habeas  corpus  and  of 
trial  by  jury;  of  a  proportionate  representation  of  the  people  in 
the  legislature,  and  of  judicial  proceedings  according  to  the 
course  of  the  common  law;  all  persons  shall  be  bailable  unless 
for  capital  offences,  where  the  proof  shall  be  evident  or  the  pre- 
sumption great;  all  fines  shall  be  moderate,  and  no  cruel  or  un- 
usual punishments  shall  be  inflicted;  no  man  shall  be  deprived 
of  his  liberty  or  property  but  by  the  judgment  of  his  peers  or 
the  law  of  the  land;  and  should  the  public  exigencies  make  it 
necessary  for  the  common  preservation  to  take  any  person's 
property,  or  to  demand  his  particular  services,  full  compensation 


222  ORDINANCE   OF    1787. 

shall  be  made  for  the  same;  and  in  the  just  preservation  of 
rights  and  property,  it  is  understood  and  declared  that  no  law 
ought  ever  to  be  made  or  have  force  in  the  said  Territory  that 
shall  in  any  manner  whatever  interfere  with  or  affect  private 
contracts  or  engagements,  lonafide  and  without  fraud  previously 
formed. 

ART.  III.  —  Eeligion,  morality,  and  knowledge,  being  neces- 
sary to  good  government  and  the  happiness  of  mankind,  schools 
and  the  means  of  education  shall  forever  be  encouraged.  The 
utmost  good  faith  shall  always  be  observed  towards  the  Indians; 
their  lands  and  property  shall  never  be  taken  from  them  without 
their  consent;  and  in  their  property,  rights,  and  liberty,  they 
shall  never  be  invaded  or  disturbed,  unless  in  just  and  lawful 
wars  authorized  by  Congress;  but  laws  founded  in  justice  and 
humanity  shall,  from  time  to  time,  be  made,  for  preventing 
wrongs  being  done  to  them  and  for  preserving  peace  and  friend- 
ship with  them. 

ART.  IY.  —  The  said  Territory  and  the  States  which  may  be 
formed  therein  shall  forever  remain  a  part  of  this  confederacy 
of  the  United  States  of  America,  subject  to  the  Articles  of 
Confederation,  and  to  such  alteration  therein  as  shall  be  consti- 
tutionally made;  and  to  all  the  acts  and  ordinances  of  the  United 
States,  in  Congress  assembled,  conformable  thereto.  The  inhab- 
itants and  settlers  in  the  said  Territory  shall  be  subject  to  pay  a 
part  of  the  federal  debts  contracted  or  to  be  contracted,  and  a 
pioportional  part  of  the  expenses  of  government,  to  be  appor- 
tioned on  them,  by  Congress,  according  to  the  same  common 
rule  and  measure  by  which  apportionments  thereof  shall  be 
made  on  the  other  States;  and  the  taxes  for  paying  their  pro- 
portion shall  be  laid  and  levied  by  the  authority  and  direction 
of  the  legislatures  of  the  district  or  districts,  or  new  States,  as 
in  the  original  States,  within  the  time  agreed  upon  by  the  United 
States,  in  Congress  assembled.  The  legislatures  of  those  dis- 
tricts, or  new  States,  shall  never  interfere  with  the  primary 
disposal  of  the  soil  by  the  United  States,  in  Congress  assembled, 
nor  with  any  regulations  Congress  may  find  necessary  for  secur- 
ing the  title  in  such  soil  to  the  bona  fide  purchasers.  No  tax 
shall  be  imposed  on  lands  the  property  of  the  United  States, 
and  in  no  case  shall  non-resident  proprietors  be  taxed  higher 


ORDINANCE   OF    1787.  223 

than  residents.  The  navigable  waters  leading  into  the  Missis- 
sippi and  St.  Lawrence,  and  the  carrying  places  between  the 
same,  shall  be  common  highways,  and  forever  free,  as  well  to 
the  inhabitants  of  the  said  Territory  as  to  the  citizens  of  the 
United  States,  and  those  of  any  other  States  that  may  be  admitted 
into  the  confederacy,  without  any  tax,  impost,  or  duty  therefor. 
ART.  V.  —  There  shall  be  formed  in  the  said  Territory  not 
less  than  three  nor  more  than  five  States;  and  the  boundaries 
of  the  States,  as  soon  as  Virginia  shall  alter  her  act  of  cession 
and  consent  to  the  same,  shall  become  fixed  and  established  as 
follows,  to  wit:  The  western  State  in  the  said  Territory  shall 
be  bounded  by  the  Mississippi,  the  Ohio,  and  the  Wabash  Rivers; 
a  direct  line  drawn  from  the  Wabash  and  Post  Vincents  due 
north  to  the  territorial  line  between  the  United  States  and  Can- 
ada, and  by  the  said  territorial  line  to  the  Lake  of  the  "Woods 
and  Mississippi.  The  middle  State  shall  be  bounded  by  the  said 
direct  line,  the  "Wabash  from  Post  Vincents  to  the  Ohio,  by  the 
Ohio,  by  a  direct  line  drawn  due  north  from  the  mouth  of  the 
Great  Miami  to  the  said  territorial  line,  and  by  said  territorial 
line.  The  eastern  State  shall  be  bounded  by  the  last  mentioned 
direct  line,  the  Ohio,  Pennsylvania,  and  the  said  territorial  line; 
provided,  however,  and  it  is  further  understood  and  declared, 
that  the  boundaries  of  these  three  States  shall  be  subject  so  far 
to  be  altered  that  if  Congress  shall  hereafter  find  it  expedient 
they  shall  have  authority  to  form  one  or  two  States  in  that  part 
of  the  said  Territory  which  lies  north  of  an  east  and  west  line 
drawn  through  the  southerly  bend  or  extreme  of  Lake  Michi- 
gan ;  and  whenever  any  of  the  said  States  shall  have  sixty  thou- 
sand free  inhabitants  therein,  such  State  shall  be  admitted 
by  its  delegates  into  the  Congress  of  the  United  States,  on 
an  equal  footing  with  the  original  States  in  all  respects 
whatsoever,  and  shall  be  at  liberty  to  form  a  permanent  consti- 
tution  and  State  government;  provided,  the  constitution  and 
government  so  to  be  formed  shall  be  republican,  and  in  con- 
formity to  the  principles  contained  in  these  articles;  and,  so  far 
as  it  can  be  consistent  with  the  general  interest  of  the  confeder- 
acy, such  admission  shall  be  allowed  at  an  earlier  period,  and 
when  there  may  be  a  less  number  of  free  inhabitants  in  the  State 
than  sixty  thousand. 


224  ORDINANCE  OP   1787. 

ABT.  VI.  —  There  shall  be  neither  slavery  nor  involuntary 
servitude  in  the  said  Territory,  otherwise  than  in  the  punish- 
ment of  crimes  whereof  the  party  shall  have  been  duly  convicted; 
provided,  always,  that  any  person  escaping  into  the  same,  from 
whom  labor  or  service  is  lawfully  claimed  in  any  one  of  the  origi- 
nal States,  such  fugitive  may  be  lawfully  reclaimed  and  con- 
veyed to  the  person  claiming  his  or  her  labor  or  service  as 
aforesaid. 

Be  it  ordained  by  the  authority  aforesaid,  That  the  resolutions 
of  the  23d  of  April,  1784,  relative  to  the  subject  of  this  ordi- 
nance, be  and  the  same  are  hereby  repealed  and  declared  null 
and  void. 


PART  IV. 

THE  CONSTITUTIONAL   GOVERNMENT 
OF  THE  UNITED   STATES. 


CHAPTER    XXV. 

THE    HISTORY  OP    THE    UNION    BEFORE    THE    CONSTI- 
TUTION. 

THE  brief  sketch  which  we  have  given  of  the  early 
history  of  the  thirteen  English  colonies  in  Tendencies  to 
America  has  shown  the  great  diversity  Separation, 
that  existed,  not  only  in  origin,  but  in  the  character  of 
the  people.  This  diversity  was  the  cause  of  mutual 
jealousies.  Local  prejudices  abounded ;  and  frequently 
disputes  about  territory  and  boundaries  brought  open 
hostilities.  Though  the  people  were  all  British  subjects, 
yet  only  common  dangers  led  them  very  gradually  to  see 
that,  as  Americans,  they  had  common  interests.  Colo- 
nial union  was  not  accomplished  by  any  one  act  or  suc- 
cession of  acts.  It  developed,  under  the  pressure  of  cir- 
cumstances, as  a  sentiment  in  the  minds  of  the  people, 
before  it  existed  as  a  fact  in  their  history.  It  was  fore- 
shadowed in  the  New  England  confederacy,  and  pro- 
moted by  the  constant  aggressions  of  the  French. 

As  early  as  1690,  the  General  Court  of  Massachusetts, 
by  letters  addressed  to  the  other  New  Early  Colonial 
England  colonies  and  New  York,  invited  Conferences, 
them  to  unite  in  a  meeting  of  commissioners  to  consult 
and  determine  for  their  common  safety.  In  this  confer- 
ence four  colonies  were  represented,  —  Massachusetts, 

227 


228    CIVIL  GOVERNMENT  IN  THE   UNITED   STATES. 

Plymouth,  Connecticut,  and  New  York.  They  agreed 
upon  measures  for  raising  a  joint  army,  and  devised 
the  various  plans  which  were  carried  into  execution 
during  what  is  known  as  King  William's  war.  It  was 
a  common  occurrence  for  commissioners  from  several 
of  the  colonies  to  meet  to  treat  with  the  Indian  tribes ; 
and  there  was  frequent  official  correspondence  between 
them  relating  to  the  common  defence. 

The  idea  of  a  permanent  union  was  advocated  about 
Union  favored  by  this  time,  and  various  plans  were  sug- 
two  Parties.  gested ;  one  by  William  Penn.  Union  was 
favored  by  two  opposite  classes.  One  party  desired  to 
promote  the  interests  of  the  colonies,  and  strengthen 
them  in  their  free  organization.  The  other,  friends  of 
royalty,  wished  to  check  the  spirit  of  freedom  by  sub- 
jecting all  to  the  control  of  one  central  authority 
directed  by  the  crown. 

In  1754,  by  request  of  the  British  Government,  a 
The  Albany  Con-  convention  was  held  at  Albany,  consisting 
vention,  of  delegates  from  seven  of  the  colonies. 

The  object  of  the  meeting  was  twofold :  first,  to  form 
a  treaty  of  alliance  with  the  chief  of  the  Six  Nations  ; 
second,  to  enter  into  a  union,  or  confederation,  with 
each  other  for  mutual  defence.  This  convention 
adopted  a  plan  of  confederation  prepared  by  Benjamin 
Franklin.  This  scheme  proposed  to  leave  the  govern- 
ment of  each  colony  in  its  existing  form,  giving  to  the 
local  legislatures  the  power  to  choose  members  of  a 
grand  council,  which  should  be  the  legislature  of  the 
union.  This  body  was  to  meet  annually,  and  was  to 
have  power  to  deal  in  all  matters  with  the  Indians,  to 
provide  for  the  common  defence,  and  to  levy  taxes  within 
the  colonies  to  meet  necessary  expenses.  Its  laws  were 


THE  UNION  BEFORE  THE  CONSTITUTION.         229 

to  be  submitted  to  the  king,  and  might  be  disapproved 
by  him  within  three  years.  There  was  to  be  a  presi- 
dent-general appointed  and  supported  by  the  crown. 
He  was  to  nominate  military  officers,  deal  in  Indian 
affairs,  and  execute  the  laws  of  the  grand  council, 
upon  whose  acts  he  was  to  have  a  negative.  This 
plan  met  with  little  favor  from  any  of  the  colonies. 
They  were  not  yet  ready  for  union.  Providence  in- 
tended, that,  when  they  did  unite,  it  should  be  as 
independent  States,  rather  than  as  subject  prov- 
inces. 

Ten  years  later,  a  long  step  was  taken  towards  union. 
The  passage  of  the  Stamp  Act  led  the  lead-  The  Colonial 
ing  patriots  in  the  colonies  to  see  the  abso-  Congress, 
lute  necessity  of  a  union  of  all  the  colonies  in  resisting 
arbitrary  measures  of  the  British  Government.  Adams, 
Otis,  and  the  Warrens,  of  Massachusetts,  from  this  time 
onward,  were  unceasing  in  their  efforts  to  bring  about 
so  desirable  a  result.  The  first  step  was  taken  by  Massa- 
chusetts, in  calling  a  general  congress,  representing  the 
assemblies  of  all  the  colonies.  This  first  general  colo- 
nial congress  was  held  in  New  York,  in  October,  1765. 
It  consisted  of  twenty-eight  delegates,  from  nine  of 
the  colonies.  Virginia,  New  Hampshire,  Georgia,  and 
North  Carolina,  though  sympathizing  with  the  move- 
ment, did  not  send  representatives.  The  congress 
adopted  a  declaration  of  rights  and  grievances,  an  ad- 
dress to  the  king,  and  one  to  the  House  of  Lords,  and 
a  petition  to  the  House  of  Commons.  These  acts  were 
ratified  by  the  colonial  assemblies. 

This  congress,  like  the  conventions  that  had  preceded 
it,  was   chosen  for  a  temporary  purpose,  committees  of 
and,  having  done  its  work,  dissolved.     It  Correspondence. 


230    CIVIL  GOVERNMENT    IN   THE    UNITED   STATES. 

required  nine  years  more  of  British  aggression  to  bring 
the  masses  of  the  people  up  to  the  idea  of  a  permanent 
union.  During  these  years,  the  union  spirit  was  fos- 
tered by  the  machinery  of  committees  of  correspondence, 
devised  by  Samuel  Adc%.  <ns,  and  chosen  in  most  of  the 
towns  of  Massachusetts,  and  afterward  in  the  other 
colonies.  By  means  of  these,  the  people  of  different 
sections  were  kept  acquainted  with  each  other's  views 
and  plans ;  and  every  new  measure  of  the  government 
served  to  draw  them  closer  together. 

After  the  passage  of  the  Boston  Port  Bill,  the  desire 
The  Continental  became  general  to  form  another  congress ; 
Congress.  an(^  [n  response  to  a  call  from  Massachu- 

setts, on  the  5th  of  September,  1774,  fifty-five  delegates 
from  twelve  colonies  met  in  Philadelphia,  and  began 
the  sessions  of  the  famed  Continental  Congress.  Geor- 
gia did  not  send  delegates  at  first,  but  promised  to 
concur  with  the  other  colonies.  This  body  prepared  a 
declaration  of  rights  and  grievances,  an  address  to  the 
king,  one  to  the  people  of  Great  Britain,  and  another 
to  the  people  of  the  northern  provinces. 

But  the  most  important  act  was  the  formation  by 
_  ,  the  delegates,  for  themselves  and  the  colo- 

Tne  Non-Inter-  . 

course  Associa-  nies  they  represented,  ot  an  association 
tlon>  for  the  non-importation,  non-exportation, 

and  non-consumption  of  British  merchandise.  The 
articles  of  agreement  established  rules  for  the  govern- 
ment of  the  people  in  matters  pertaining  to  the  use  of 
imported  goods.  This  has  been  called  "  the  first  enact- 
ment of  a  general  law  by  America,"  "  the  commence- 
ment of  the  American  Union."  The  action  of  this 
congress  was  most  heartily  indorsed  by  the  people 
throughout  the  colonies ;  and  either  in  conventions 


THE    UNION   BEFORE   THE   CONSTITUTION.          231 

chosen  for  the  purpose,  or  by  the  colonial  assemblies, 
all  the  colonies  but  Georgia  and  New  York  ratified  the 
articles  of  the  association,  and  assumed  obligations  to 
them  as  to  a  national  law. 

The  men  who  composed  this  first  Continental  Con- 
gress were  the  ablest  and  wisest  among  Ability  of  the 
the  American  people.  Lord  Chatham,  in  Congress, 
the  House  of  Lords,  said  of  them,  "For  myself,  I  must 
declare  and  avow,  that  in  all  my  reading  and  observa- 
tion, —  and  it  has  been  my  favorite  study  :  I  have  read 
Thuc}^dides,  and  have  studied  and  admired  the  master 
states  of  the  world,  —  that  for  solidity  of  reasoning, 
force  of  sagacity,  and  wisdom  of  conclusion,  under 
such  a  complication  of  circumstances,  no  nation,  or 
body  of  men,  can  stand  in  preference  to  the  General 
Congress  at  Philadelphia." 

That  the  sentiment  of  union,  of  nationality,  was 
now  complete,  is  shown  by  the  treatment,  union  Accom- 
in  the  different  colonies,  of  the  plan  of  con-  pushed, 
ciliation  proposed  by  the  British  Government.  This 
plan  was  submitted  to  each  colony  separately,  in  the 
hope  to  induce  some  to  make  terms  with  the  crown,  and 
so  weaken  the  popular  party.  But  every  assembly  re- 
fused to  treat  separately  with  Great  Britain,  declaring 
that  they  should  leave  the  whole  matter  to  the  general 
congress.  From  this  time,  the  thirteen  American  colo- 
nies were  one  people.  As  such,  they  were  represented 
by  the  Continental  Congress,  which  met  again  as  a  per- 
manent institution  in  the  following  May,  and  continued 
its  sessions  from  time  ip  time  until  1781.  It  at  once 
showed  its  national  character  by  assuming  the  support 
of  the  army  gathered  about  Boston,  and  by  appointing 
Washington  commander-in-  chief,  and  still  more  decid- 


232    CIVIL  GOVERNMENT  IN  THE   UNITED  STATES. 

edly  by  entering  into  negotiations  with  foreign  nations. 
Union  was  now  an  accomplished  fact.  But  the  machin- 
ery of  government  was  defective  ;  and,  after  the  Declar- 
ation of  Independence,  the  congress  began  to  discuss 
plans  for  a  more  formal  confederation. 

THE  CONFEDEBATION. 

The  Declaration  of  Independence  changed  entirely 
the  political  character  of  the  American  colonies.  The 
people  were  now  independent  and  sovereign;  and  as 
such  they  proceeded  at  once  to  organize  themselves 
in  accordance  with  their  changed  condition.  They 
adopted,  by  popular  vote,  State  constitutions  based 
upon  the  American  ideas  of  local  self-government. 
But,  in  all,  the  sphere  of  State  government  was  lim- 
ited to  its  own  internal  affairs.  None  of  the  constitu- 
tions made  any  provisions  for  intercourse  with  foreign 
nations.  This  external  sovereignty  the  people  had 
already  vested  in  the  general  congress  ;  and  they  never 
withdrew  it. 

On  the  llth  of  June,  1776,  a  committee  was  ap- 
Formation  of  pointed  by  Congress  to  prepare  articles  of 
Confederation,  confederation.  This  committee  reported 
in  July  following ;  but  the  views  and  interests  of  the 
various  colonies  were  so  diverse,  and  so  many  vexing 
questions  arose  as  to  the  relative  authority  of  the  local 
and  general  governments,  that  it  was  not  until  Novem- 
ber, 1777,  that  the  articles  were  finally  adopted  by 
Congress,  and  submitted  to  the  States.  It  was  not  until 
March  1,  1781,  that  Maryland,  the  last  of  the  colonies, 
ratified  them.  On  the  2d  of  March,  1781,  the  new 
government  went  into  operation. 


THE  CONFEDERATION.  233 

The  instrument  was  called  "Articles  of  Confederation 
and  Perpetual  Union  between  the  States."  Nature  and 
The  confederacy  was  styled  "  The  United  Powers  of  the 
States  of  America ;  "  and  it  was  declared  Irnion' 
to  be  "  a  league  of  friendship,"  for  "  common  defence," 
u  security  of  liberties,"  and  "  mutual  and  general  wel- 
fare." Each  State  was  to  retain  its  sovereignty,  free- 
dom, and  independence,  and  every  power,  jurisdiction, 
and  right  not  expressly  delegated  by  the  articles  to  the 
United  States  Congress.  A  citizen  of  any  State  was  to 
be  treated  as  such  by  every  other  State ;  and  full  liberty 
of  travel  and  commerce  was  guaranteed.  Fugitives 
from  justice  were  to  be  delivered  up. 

The  general  government  had  but  one  department. 
This  was  a  Congress,  to  be  composed  of 
delegates  from  the  States,  chosen  in  such 
a  manner  as  the  legislatures  should  direct.  No  State 
could  have  less  than  two  or  more  than  seven  members. 
The  delegates  were  supported  by  the  State,  and  might 
be  recalled  at  any  time.  In  the  conduct  of  business  in 
the  Congress,  each  State  had  one  vote,  determined  by  a 
majority  of  its  delegates.  This  had  been  the  practice 
of  the  Continental  Congress.  The  Congress  had  sole 
power  respecting  peace  and  war,  ambassadors,  treaties 
and  alliances,  and  matters  pertaining  to  the  capture 
and  disposal  of  prizes  taken  in  war.  It  had  also  the 
sole  right  to  fix  the  value  of  coin,  and  the  standard  of 
weights  and  measures,  to  manage  Indian  affairs,  estab- 
lish postal  communication,  appoint  land  and  naval 
officers,  and  make  rules  for  the  government  of  the 
forces  and  the  direction  of  operations.  It  was  the  busi- 
ness of  the  Congress  to  ascertain  and  appropriate  the 
sums  of  money  necessary  to  meet  the  public  expenses ; 
20* 


234     CIVIL  GOVERNMENT  IN  THE  UNITED   STATES. 

to  borrow  money  or  emit  bills  on  the  credit  of  the 
United  States;  to  decide  upon  the  number  of  land 
forces  and  the  quota  of  each  State,  this  quo^a'  being 
based  upon  the  number  of  white  inhabitants.  The 
more  important  of  these  powers  could  not  be  exercised 
without  the  consent  of  nine  States. 

The  executive  business  was  transacted  by  commit- 
Execntive  tees  and  officers  appointed  by  the  Con- 
Business,  gress.  A  committee,  consisting  of  one 
member  from  each  State,  was  also  appointed  to  sit  dur- 
ing the  recess,  and  execute  such  of  the  less  important 
powers  of  the  Congress  as  might  be  delegated  to  it  by 
that  body.  The  States  were  forbidden  to  exercise  the 
functions  delegated  to  the  Congress. 

The  expenses  of  the  general  government  were  to  be 

defrayed  out  of  a  common  treasury  sup- 
Finances.  ,.    T  ,      ,,     0,  , 

plied  by  the  States,  each  paying  to  it  in 

proportion  to  the  value  of  land  granted  and  surveyed 
within  its  limits.  The  taxes  for  this  purpose  were  to 
be  levied  by  the  authority  of  the  State  legislatures,  the 
time  being  fixed  by  the  Congress. 

Every  State  agreed  to  comply  with  the  requisitions 
of  the  Congress,  to  inviolably  observe  all  the  articles  of 
the  confederation,  and  to  make  the  union  perpetual. 
The  articles  were  not  to  be  altered  except  by  the  Con- 
gress with  the  assent  of  all  the  State  legislatures.  The 
instrument  contains  no  hint  of  a  possibility  of  volun- 
tary withdrawal  by  any  State. 

The  leading  minds  of  the  country  foresaw  that  the 
Defects  of  the  government  established  by  these  articles 
Confederation,  would  not  meet  the  necessities  of  the 
nation.  But  this  was  the  best  that  could  be  obtained 
at  that  time.  A  few  years  of  trial  convinced  the  peo- 


THE   CONFEDERATION.  235 

pie  of  the  defects  of  the  confederation.     In  looking  for 
these  defects,  we  notice  first  the  nature  of  the  union. 

Out  of  this  grew  all  other  evils.     It  was 

,    ,  „    ~  ,  ,    ,      1.  In  its  Nature, 

called  a   league  of   States;  and  complete 

internal  sovereignty  was  granted  to  each  of  these  local 
organizations. 

It  followed  directly  from  this,  that  the  Congress 
had  no  coercive  power.  It  could  not  go  2.  No  Coercive 
within  the  States  to  deal  with  individuals ;  power. 
and  the  States  themselves  could  not  be  coerced  by  the 
ordinary  processes  of  law.  Since  there  was  no  power 
to  coerce,  there  was  no  penalty  attached  to  the  enact- 
ments of  Congress,  and  therefore  no  judiciary  to  apply, 
and  no  executive  to  enforce  them.  They  had  not  the 
essential  qualities  of  laws  :  they  were  only  recommen- 
dations. The  elements  of  government  are  law,  penalty, 
judgment,  execution.  The  confederation  was  destitute 
of  all  these.  It  was  only  government  in  name. 

A  third  defective  feature  was  the  fact  that  the  power 
to  tax  was  reserved  to  the  States,  and  they  3.  NO  power  to 
might  and  did  disregard  the  levies  made  Tax- 
by  the  Congress.  The  confederation  had  not  power  to 
collect  a  dollar.  Hence  it  had  no  credit ;  for  this  is 
based  on  confidence  in  the  ability  of  the  borrower  to 
pay.  If  he  has  no  property,  and  no  means  of  getting 
any,  he  will  not  be  trusted.  A  government  without 
money  or  credit  cannot  sustain  itself  any  better  than  a 
man  can  in  the  same  circumstances.  Its  promises  to 
pay  are  worthless.  For  this  reason  the  paper  money 
issued  by  the  Continental  Congress  during  the  Revolu- 
tion rapidly  depreciated,  until  at  the  close  of  the  war  a 
bushel  of  it  would  not  buy  a  breakfast.  The  evils  that 
resulted  from  this  condition  of  affairs  were  many  and 


236    CIVIL  GOVERNMENT  IN  THE  UNITED  STATES. 

grievous.  The  soldiers  were  unpaid,  the  army  contract- 
ors were  clamorous  for  their  dues  ;  and,  worse  than  all, 
thousands  of  families  whose  entire  wealth  had  been 
invested  in  continental  money  were  suddenly  reduced 
to  poverty. 

Another  defect  in  the  articles  was  the  withholding 
4  No  Power  to  ^rom  tne  Congress  of  the  power  to  regulate 
Eeguiate  Com-  commerce.  This  led  to  the  greatest  diver- 
sity in  the  commercial  enactments  of  the 
several  States.  Each  State  adopted  a  selfish  policy,  try- 
ing to  build  up  its  own  commerce  at  the  expense  of  its 
neighbors.  Mutual  jealousies  and  bitterness  grew  out 
of  this  conduct.  The  Congress  could  make  no  commer- 
cial treaties  with  other  nations,  because  it  had  no  power 
to  enforce  their  provisions  upon  the  citizens  of  the 
States. 

Recapitulating  these  defects,  we  find  them  to  be,  the 
nature  of  the  union,  the  want  of  coercive 

Recapitulation.  ,11  /?         •    j.   •  i 

power,  the  absence  of  a  judiciary  and  a 
responsible  executive,  the  inability  to  tax,  the  conse- 
quent loss  of  credit,  and  the  absence  of  power  to 
regulate  commerce.  In  consequence  of  all  these,  the 
confederation  failed  to  inspire  respect  at  home  and 
abroad.  All  parties  came  to  see  that  it  could  not  meet 
the  requirements  of  the  union,  and  that  every  day  the 
union  itself  was  growing  weaker.  But  these  very 
defects  were  valuable  lessons  from  which  the  people 
learned  how  to  build  up  a  more  stable  government. 


CHAPTER  XXVI. 

THE  ORIGIN  AND  OBJECTS  OF  THE  CONSTITUTION. 

THE  commercial  troubles,  mentioned  in  the  last 
chapter,  led  the  legislatures  of  Maryland  preliminary 
and  Virginia,  in  1785,  to  appoint  commis-  Measures, 
sioners  to  make  a  compact  relative  to  the  navigation  of 
the  Potomac  River  and  Chesapeake  Bay.  The  commis- 
sioners found  that  they  had  too  little  power,  and  recom- 
mended to  their  legislatures  a  convention  in  which  all 
the  States  should  be  represented,  and  which  should 
devise  means  to  secure  uniformity  in  commercial  regu- 
lations. Virginia  issued  a  call  to  all  the  States  ;  and 
five  of  them  —  New  York,  New  Jersey,  Pennsylvania, 
Delaware,  and  Virginia — sent  commissioners  to  Annapo- 
lis in  1786.  They  found  their  powers  too  limited,  and 
proposed  another  convention  in  which  delegates  from 
all  the  States  should  "  take  into  consideration  the  situ- 
ation of  the  United  States,"  and  "  devise  such  further 
provisions  as  should  appear  to  them  necessary  to  render 
the  constitution  of  the  federal  government  adequate  to 
the  exigencies  of  the  Union." 

In  February,  1787,  Congress  passed  a  resolution  rec- 
ommending a  convention  to  meet  in  Phil-   T^  convention 
adelphia  in  the  ensuing  May,  for  the  pur-   of  1787. 
pose  of  revising  the  articles  of  confederation.     All  the 

237 


238    CIVIL  GOVERNMENT  IN  THE  UNITED  STATES. 

States  except  Rhode  Island  sent  delegates,  who  met  at 
the  appointed  time  and  place.  George  Washington 
was  chosen  president  of  the  convention.  It  was  found 
impossible  to  secure  the  desired  end  by  using  the 
articles  of  confederation  as  a  basis ;  and  an  entirely  new 
constitution  was  drafted,  differing  from  the  old  in  the 
nature,  form,  and  powers  of  the  government  which  it 
proposed.  This  draft  was  discussed  and  amended,  and 
in  its  final  form  adopted  by  the  convention  Sept.  17, 
1787.  It  was  then  submitted  to  Congress,  and  by  that 
body  transmitted  to  the  legislatures  of  the 
States,  with  a  recommendation  that  it  be 
laid  before  a  convention  of  delegates  chosen  for  that 
purpose  by  the  people  in  each  State.  Within  a  year, 
the  Constitution  was  ratified  by  conventions  in  eleven 
States.  North  Carolina  ratified  in  1789,  and  Rhode 
Island  in  1790.  In  March,  1789,  the  new  government 
went  into  operation. 

The  ratification  was  only  secured  by  the  most  strenu- 
Objectionstothe  ous  efforts  of  the  friends  of  the  Constitu- 
Constitution.  tion.  There  was  hardly  a  feature  of  it 
that  escaped  criticism ;  and  its  most  important  provis- 
ions were  subject  to  opposition  on  the  most  diverse 
grounds.  Experience  has  shown  how  groundless  were 
most  of  the  fears,  and  how  absurd  were  many  of  the 
objections. 

The  discussions  which  followed  the  publication  of 

the  Constitution  divided  the  country  into 

two  great  parties,  —  the  Federalists  who 

advocated,  and  the  Anti-Federalists  who  opposed,  its 

ratification.      Among   the   men   whose   influence    was 

most  powerful  in  favor  of  the  new  government,  were 

Jiimes  Madison   and  Alexander   Hamilton.     They  to- 


OBJECTS   OF   THE   CONSTITUTION.  239 

gether  wrote,  and  published  in  a  New  York  newspaper, 
a  series  of  articles  which  now  constitute  one  work 
entitled  "  The  Federalist."  Of  the  eighty-five  papers 
in  the  work,  Mr.  Hamilton  probably  wrote  about  sixty, 
Mr.  Jay  five  or  six,  and  Mr.  Madison  the  remainder. 
They  are  rich  in  historical  illustrations,  and  discuss 
thoroughly  and  ably  the  various  objections  to  the  new 
government. 

THE  OBJECTS   OF  THE  CONSTITUTION. 

The  objects  of  the   Constitution   are   stated  in   the 

brief  preamble :  "  We,  the  people   of  the 

TT    .,     ,    0,  .  -,  «  Preamble. 

United  States,  in  order  to  form   a  more 

perfect  union,  establish  justice,  insure  domestic  tran- 
quillity, provide  for  the  common  defence,  promote  the 
general  welfare,  and  secure  the  blessings  of  liberty  to 
ourselves  and  our  posterity,  do  ordain  and  establish  this 
Constitution  for  the  United  States  of  America." 

The  language  used  in  this  preamble  throws  much 
light  upon  the  nature  of  the  new  union. 
It  was  to  be  a  "  more  perfect  union  "  than 
had  previously  existed.  That  union  was  a  league  of 
States,  and  perhaps  as  perfect  as  such  a  union  could  be. 
To  improve  it,  its  nature  must  be  changed.  Hence, 
instead  of  a  league  of  States,  a  union  of  people  is 
formed.  A  nation  is  organized,  instead  of  a  confeder- 
ation. The  underlying  principle  of  the  constitutional 
government  is  national,  not  federal.  The  people  of  the 
United  States  is  one  people.  The  Constitution  is 
ordained  and  established  by  this  people,  for  this  people. 
While  the  instrument,  as  we  shall  see,  recognizes  the 
existence  of  States,  and  provides  for  their  continuance, 
it  does  not  derive  its  authority  from  them  ;  they  are  not 


240     CIVIL  GOVERNMENT  IN  THE  UNITED  STATES. 

the  original  parties  to  the  agreement,  nor  are  they,  as 
States,  subjects  of  the  government.  The  people  of  the 
United  States  by  this  act  constitute  one  state,  whose 
name  is  the  United  States  of  America. 

While  each  State  had  its  own  judicial  tribunals,  and 
aimed  to  secure  justice  among  its  own  citi- 
zens, the  local  laws  frequently  discrimi- 
nated most  unjustly  against  the  citizens  of  other  States. 
This  was  especially  true  of  the  laws  relative  to  the  pay- 
ment of  debts.  In  the  settlement  of  disputes  concern- 
ing the  property  of  citizens  of  foreign  nations,  there 
was  no  uniformity ;  and  the  treaties  with  those  nations 
were  persistently  violated  by  local  legislation.  There 
was  an  absolute  necessity  for  some  tribunal  possessing 
supreme  authority,  which  should  have  a  national  juris- 
diction, by  which  inter-state  and  international  justice 
should  be  established. 

During  the  period  of  the  confederation,  the  country 
jjt  Domestic  was  i*1  a  most  deplorable  condition.  There 
Tranquillity.  was  a  complete  stagnation  in  business. 
The  States  were  burdened  by  heavy  war  debts;  and 
many  of  the  citizens  were  bankrupt.  Taxes  were 
necessarily  heavy,  but  the  poverty  of  the  people  made 
them  seem  doubly  oppressive.  In  this  state  of  affairs, 
in  1786,  the  peace  of  Massachusetts  was  disturbed  by 
persons  who  gathered  in  large  numbers  at  the  various 
county  towns  in  the  western  and  central  parts  of  the 
State,  to  prevent  the  holding  of  the  courts.  These  peo- 
ple complained  that  the  government  was  extravagant 
and  oppressive ;  that  the  courts  were  held  in  the  inter- 
ests of  the  rich.  They  demanded  that  the  taxes  should 
be  lightened,  and  that  the  suits  for  debt  should  bo 
stayed.  The  tone  and  actions  of  these  men  were  so 


OBJECTS   OF   THE   CONSTITUTION.  241 

alarming,  and  their  number  so  formidable,  that  it 
became  necessary  to  call  out  the  militia  of  the  State. 
They  were  finally  dispersed  after  one  or  two  slight 
engagements,  with  the  loss  of  several  lives.  This  dis- 
turbance is  called  Shays'  Rebellion,  from  Daniel  Shays, 
one  of  the  leaders  of  the  insurgents.  If  some  action 
were  not  taken  by  which  the  public  credit  could  be 
restored,  and  the  various  industries  of  the  people 
revived,  such  disturbances  were  likely  to  occur  at  any 
time  and  in  any  locality.  Hence  the  third  object  of 
the  Constitution  was  stated  to  be  "  to  insure  domestic 
tranquillity." 

"  To  provide  for  the  common  defence  "  had  been  the 
leading  object  in  all  the  various  move- 
ments towards  union.  To  secure  this,  the 
heartiest  co-operation  of  all  the  States  was  needed.  But, 
in  the  present  state  of  affairs,  voluntary  co-operation 
could  not  be  hoped  for.  There  must  be  a  central 
authority  competent  to  inspire  confidence  at  home  and 
respect  abroad.  The  general  government  must  have 
the  power  to  raise  armies,  and  the  power  of  taxation  to 
support  them.  Only  in  this  way  could  the  common 
defence  be  longer  provided  for. 

All  the  objects  that  have  been  stated  would,  if  at- 
tained, have  tended  "  to  promote  the  gt  General 
general  welfare ;  "  but  there  were  more  Welfare, 
direct  benefits  to  be  hoped  from  a  national  govern- 
ment. Regulating  commerce,  fostering  industries  irre- 
spective of  sectional  interests,  carrying  on  internal  im- 
provements, establishing  communication  between  the 
States,  encouraging  science  —  all  these  it  was  the  ob- 
ject of  the  Constitution  to  secure. 

The  final  object  of  the  Constitution  is  stated  to  be, 

21 


242    CIVIL  GOVERNMENT  IN  THE  UNITED   STATES. 

"  to  secure  the  blessings  of  liberty  to  ourselves  and 
6.  Security  of  our  posterity."  Since  the  settlement  of 
Liberty.  the  colonies,  their  history  had  been  one 

continual  struggle  for  liberty.  This  boon  they  had 
now  acquired.  But  it  needed  no  peculiar  sagacity  to 
foresee  that  thirteen  small  sovereign  States  could  not 
exist  side  by  side,  and  all  retain  their  independence. 
Mutual  jealousies  would  provoke  hostility ;  the  weaker 
would  become  the  prey  of  the  stronger ;  and,  thus  di- 
vided, all  might  again  be  brought  under  the  power  of 
some  foreign  state.  History  furnishes  numerous  illus- 
trations of  such  disasters.  To  secure  the  blessings  of 
liberty  was  as  necessary  as  to  acquire  them. 

While  this  preamble  confers  no  powers  upon  the 
government  under  the  Constitution,  it  serves  to  show 
the  scope  of  its  powers,  and  to  throw  light  upon  the 
interpretation  of  obscure  provisions.  We  have  now  to 
examine  the  constitution  in  detail  to  see  how  it  accom- 
plishes the  objects  for  which  the  people  ordained  it. 


CHAPTER    XXVII. 

THE  LEGISLATIVE  DEPARTMENT. 

ALL  legislative  powers  granted  by  the  Constitution 
are  vested  in  a  Congress  of  the  United 
States,  which   consists   of  a  Senate  and 
House  of  Representatives. 

HOUSE  OF  REPRESENTATIVES. 

The  number  of  members  of  the  first  House  of  Repre- 
sentatives was  fixed  by  the  Constitution  at  Number  of 
sixty-five;  but  subsequently  the  number  Members, 
has  been  determined  by  Congress,  and  has  changed 
from  time  to  time  as  the  population  of  the  country  has 
increased.  The  Constitution  provides  that  the  number 
shall  at  no  time  exceed  one  for  every  thirty  thousand 
inhabitants.  The  number  of  members  of  the  present 
house  is  two  hundred  and  ninety-two. 

The  representatives  are  chosen  by  the  people  of  the 
several  States.      The  States  are  divided 
into    congressional    districts,   in   each    of 
which  the  people  elect  one  representative.     But  this 
district  system  is  established  by  law,  not  by  the  Consti- 
tution.    Any  person  who,  in  any  State,  is  entitled  by 
law  to  vote  for  members  of  the  larger  branch  of  the 
legislature,  may  vote  for  representative  in  Congress. 

243 


244    CIVIL  GOVERNMENT  IN  THE   UNITED  STATES. 

Qualifications  of  voters  are  thus  determined  by  the 
States,  not  by  the  general  government.  ^ 

The  representatives  are  apportioned  among  the  States 
according  to  the  number  of  inhabitants, 
excluding  from  that  number  Indians  not 
taxed.  When  the  Constitution  was  formed,  the  num- 
ber of  inhabitants  on  which  representation  was  based 
was  made  up  by  adding  to  the  whole  number  of  free 
persons  those  bound  to  service  for  a  term  of  years,  and 
three-fifths  of  the  slaves ;  excluding,  as  now,  Indians 
not  taxed.  Since  the  abolition  of  slavery,  the  Con- 
stitution has  been  amended  to  meet  the  changed  cir- 
cumstances. This  apportionment  is  made  after  each 
decennial  census,  beginning  with  1790.  The  whole 
number  of  people  in  the  United  States  is  divided  by 
the  number  of  representatives,  which  has  been  pre- 
viously fixed  by  Congress.  The  quotient  is  the  number 
of  inhabitants  entitled  to  one  representative  :  it  is  called 
the  ratio  of  representation.  The  population  of  each 
State  is  divided  by  this  number;  and  the  quotient  is 
the  number  of  representatives  to  which  the  State  is 
entitled.  There  are  remainders,  so  that  the  number 
apportioned  to  the  States  is  less  than  the  number  fixed 
by  Congress.  One  additional  representative  is  assigned 
to  each  of  the  States  having  the  largest  remainders, 
until  the  whole  number  is  made  up.  The  Constitution 
provides  that  each  State  shall  have  at  least  one  repre- 
sentative. If  a  new  State  is  admitted  to  the  Union 
between  two  successive  apportionments,  it  is  gener- 
ally allowed  one  representative  until  the  next  census. 
The  ratio  of  representation  for  the  present  decade  is 
130,533. 

Besides  the  representatives  from  the  States,  provided 


THE  SENATE.  245 

for  by  the  Constitution,  Congress  has  by  law  authorized 
each  organized  Territory  to  send  one  per- 
son, who  is  called  a  delegate.     These  per- 
sons sit  with  the  representatives,  and  take  part  in  the 
discussions,  but  have  no  vote. 

The   term   of    service   is    two    years.      The   official 
year  begins  on  the  4th  of  March.     As  the 
government  was  organized  under  the  Con- 
stitution in  1789,  there  is  a  new  house  of  representa- 
tives in  March  of  each  odd  year.     If  a  vacancy  occurs 
in  the  representation  of  any  State,  it  is  filled  by  a  new 
election,  ordered  by  the  governor. 

The   following   are  the  requisite  qualifications   of  a 
representative :  — 

1.  He  must  be  at  least  twenty-five  years    <**alifications-1 
of  age. 

2.  He  must  have  been  at  least  seven  years  a  citizen 
of  the  United  States. 

3.  When  elected,  he  must  be  an  inhabitant  of  the 
State. 

The  House   of  Representatives   is   organized  in   the 
same   way  as  the  State  legislatures.     The 

i      .  ,*  '±  Officers. 

House  elects  one  of  its  members  as  speaker. 

The  clerk,  sergeant-at-arms,  chaplain,  and  other  officers, 

are  not  members. 

The  House  of  Representatives  has  two  special  powers  : 
1.  to  present  articles  of  impeachment ;    2.  to  originate 

all  bills   for  raising   revenue,  though  the 

0  ,  3  Special  Powers. 

Senate  may  amend  these. 

1    In  Massachusetts,  the  representatives  are  by  law  required  to  be  residents  of 
the  districts  in  which  they  are  chosen. 
21* 


246    CIVIL  GOVERNMENT  IN  THE  UNITED  STATES. 
THE   SENATE. 

The  Senate  of  the  United  States  is  composed  of  two 
senators  from  each  State.  They  are  chosen  by  the 
legislature  of  the  State.  The  members  of  each  house, 

_     .  on  the  same  day,  vote  viva  voce  for  a  sena- 

Number  and  i         ,  , 

Choice  of  tor.     On  the  next  day  the  two  houses  meet 

Members.  jn  convention  ;  and  if  the  same  person  has 

received  a  majority  of  all  the  votes  cast  in  each  house 
he  is  declared  elected.  If  no  person  has  received  such 
majorities,  then  the  two  houses,  sitting  as  one  body,  pro- 
ceed to  vote  viva  voce  ;  and,  if  a  majority  of  each  house 
is  present,  the  person  who  receives  a  majority  of  the 
votes  cast  is  declared  elected.  If  there  is  no  choice  on 
the  first  day,  they  are  required  to  meet,  and  take  at 
least  one  vote  each  day,  until  choice  is  made  or  the  ses- 
sion closes.  This  method  is  prescribed  by  a  United 
States  law. 

The  term  of  service  is  six  years.     The  first  members 

were  arranged  in  three  classes,  one-third 

retiring   in  two    years,  one-third  in  four 

years,  and  one-third  in  six  years.     By  this  arrangement 

one-third  of  the  Senate  retires  biennially. 
Vacancies.  T /.  ,  , 

It   a  vacancy  happens,  by  resignation  or 

otherwise,  and  the  legislature  of  the  State  is  not  in  ses- 
sion, the  governor  may  make  a  temporary  appointment 
until  the  next  meeting  of  the  legislature,  when  the 
vacancy  is  filled  in  the  usual  way.  The  person  so 
chosen  holds  office  only  for  the  remainder  of  the  term 
for  which  his  predecessor  was  elected. 

The  following  are  the   requisite  qualifications  of  a 
senator :  — 

1.  He  must  be  at  least  thirty  years  of 
age. 


GENERAL   PROVISIONS   RESPECTING   CONGRESS.    247 

2.  He  must  have  been  at  least  nine  years  a  citizen  of 
the  United  States. 

3.  When  elected,  he  must  be  an  inhabitant  of  the 
State. 

The  organization  of  the  Senate  is  similar  to  that 
of  the  House.     The  vice-president  of  the  United  States 
is  the  presiding  officer  of  the  Senate  ;  but  has  no  vote, 
except  the  house  be  equally  divided.     In 
the  absence  of  the  vice-president,  the  Sen- 
ate chooses  a  president  pro  tempore. 

The  Senate  has  some  peculiar  executive  functions, 
which  will  be  noticed  in  the  next  chapter. 
It  has  also  the  power  to  try  all  impeach- 
ments.     The  details  of  the  trial  will  be  considered 
separately. 

GENERAL  PROVISIONS   RESPECTING  CONGRESS. 

Each  house  is  the  judge  of  the  elections,  returns,  and 
qualifications  of  its  members.  Each  house  control  of  Mem- 
makes  its  own  rules  of  order,  and  may  bership. 
punish  its  members  for  disorderly  conduct,  and  by 
vote  of  two-thirds  may  expel  a  member.  Members  are 
sometimes  publicly  reprimanded  by  the  speaker,  on  vote 
of  the  house,  for  using  unparliamentary  language,  or 
for  other  official  misconduct.  Members  of  the  House 
of  Representatives  were  expelled  in  the  early  part  of 
the  war  of  the  Rebellion,  for  treasonable  language  and 
acts. 

A  majority  of  each  house  is  a  quorum  ;  and,  in  order 
to  secure  this,  a  smaller  number  have  the 
power  to  compel  the  attendance  of  absent 
members.     Less  than  a  quorum  may  adjourn  from  day 
to  day. 


248     CIVIL  GOVERNMENT  IN  THE   UNITED  STATES. 

Each  member  of  Congress  is  required  to  take  oath  to 
support  the  Constitution ;   and,  since  the 
war  of  the  Rebellion,  this  oath  has  been 
made  more  explicit. 

No  member  of  either  house  can,  during  the  time  for 

which  he  was  elected,  be  appointed  to  any 

civil  office  under  the  United  States  which 

has   been   created,  or  the   salary  of  which  has   been 

increased,  during  his   term.      No  person   holding  any 

office  under  the  United   States   can  be  a  member  of 

either  house  during  his  continuance  in  office. 

The  Constitution  requires  at  least  one  annual  session 

of  Congress,  to  begin  on  the  first  Monday 
Sessions.  •       TX  i  -,  ••.«.  ,.         , 

in   December,  unless  a   different  time  be 

fixed  by  law.  Each  Congress l  usually  holds  two  ses- 
sions :  one  longer,  beginning  in  December  of  the  odd 
year,  and  continuing  until  the  next  midsummer;  a 
second,  shorter,  beginning  in  December  of  the  even 
year,  and  continuing  until  the  4th  of  March  follow- 
ing, when  the  term  of  service  of  all  the  representa- 
tives, and  of  one-third  of  the  senators,  expires.  Other 
sessions  are  sometimes  held,  either  at  times  fixed  by 
Congress,  or  when  called  by  the  President.  Neither 
house  can,  during  the  session,  without  the  consent  of 
the  other,  adjourn  for  more  than  three  days,  nor  to 
any  other  place  than  that  in  which  the  Congress  is 
sitting. 


1  By  the  phrase,  "  a  Congress,"  is  meant  the  two  branches  holding 
office  during  any  one  representative  term.  Thus  the  first  house  of 
representatives  and  the  senators  in  office  during  the  first  two  years 
formed  the  first  Congress;  and  each  Congress  is  distinguished  by  the 
number  of  the  representative  term,  dating  from  March  4,  1789.  The 
Congress  whose  term  began  March  4,  1875,  was  the  forty-fourth. 


GBNEEAL  PROVISIONS  RESPECTING   CONGRESS.  249 

The  compensation  of  the  members  of  Congress  is 
determined  by  law,  and  is  paid  out  of  the 
treasury  of  the  United  States.     The  salary 
has  been  increased  from  time  to  time.     At  present  the 
salary  of  representatives  and  senators  is  five  thousand 
dollars  a  year,  with   compensation   for   travelling   ex- 
penses.    The  presiding  officer  of  each  branch  receives 
eight  thousand  dollars. 

The  steps  in  making  laws  are  essentially  the   same 
in   Congress   as  in  the   State   legislatures. 

A  A  ^  ^  vn  Making  Laws. 

Alter    passing  the  two    houses,   bills    are 
sent  to  the   President.     If  he  approves,   he  signs:   if 
not,  he  returns  the  bill  to  the  house  in  which  it  ori- 
ginated, where  his  objections  are  recorded, 
and  the  bill  is  again  voted  upon.     If  it  is 
approved   by  two-thirds  of  each  house,  it  becomes  a 
law.     The  President  has  ten  days,  Sundays  excepted, 
in  which  to  consider  the  bill.     If  he  does  not  return 
it  within  that  time,  it  becomes  a  law  without  his  sig- 
nature, unless  Congress  adjourns  before  the  expiration 
of  the  ten  days. 

Business  is  transacted,  as  in  other  legislative  bodies, 

by  the  help  of  committees.     In  the  house 
f  .,  .    .  „  Committees. 

of  representatives,  the  appointment  of  com- 
mittees is  vested  in  the  Speaker.  This  is  a  difficult  and 
delicate  task.  It  is  customary  to  have  the  two  leading 
political  parties  represented  in  each  committee  nearly 
in  the  proportion  which  they  have  in  the  house.  The 
most  important  committees  are,  the  committee  of  ways 
and  means,  —  whose  work  is  to  devise  means  for  raising 
the  money  necessary  to  carry  on  the  government,  —  the 
committee  on  appropriations,  on  commerce,  on  banks 
and  currency,  on  the  judiciary.  The  position  of  chair- 


250     CIVIL  GOVERNMENT   IN  THE   UNITED   STATES. 

man  of  one  of  these  committees  is  a  most  honorable 
one  ;  and  the  Speaker  must  not  only  seek  fitness  for  the 
places,  but  he  must  fill  them  with  members  from  differ- 
ent parts  of  the  country,  to  avoid  sectional  jealousy. 
The  senate  appoints  its  own  committees,  the  lists  being 
made  up  by  caucuses  of  the  two  parties,  previously 
held. 

The  form  of  the  legislative  department  was  adopted 
Form  of  Con  a^er  much  discussion  and  opposition, 
gress  a  Com-  The  small  States  demanded  equality  of 
promise.  representation  in  both  houses:  the  large 

States  wished  it  in  neither.  The  federal  and  national 
ideas  were  in  conflict.  The  result  was  a  compromise. 
The  house  of  representatives  embodies  the  national 
idea,  the  members  being  chosen  directly  by  the  people, 
and  the  number  being  proportioned  to  the  population. 
The  senate  represents  the  federal  idea,  the  members 
being  chosen  by  the  legislature,  and  all  the  States  being 
equally  represented. 


CHAPTER  XXVIII. 

THE  EXECUTIVE  AND  JUDICIAL    DEPARTMENTS. 
THE  PRESIDENT. 

ALL  executive  power  is  vested  in  a  single  officer 
styled  The  President  of  the  United  States. 
His  term  of  service  is  four  years ;  and  he 
may  be  re-elected.      The    example   of  Washington  in 
declining  a  second  re-election  has  practically  limited 
the  term  of  the  office  to  two  consecutive  terms. 

The  President  is  required  to  have  the  following  quali- 
fications :  1.  He  must  be  a  native  citizen. 

o     TT  .1,1  ,1  •  j.     n.  c      Qualifications. 

2.  He  must  be  at  least  thirty-five  years  of 

age.     3.  He  must  have  been  for  at  least  fourteen  years 

a  resident  in  the  United  States. 

The    manner    of    choosing   a    President   is  as    fol- 
lows: —  ModeofElec- 

1.  The  people  of  each  State  choose  a      tion- 
body  of  men  called  Electors.     The  number  of  these  is 
the  same  as  the  number  of  senators  and 
representatives  which  the  State  sends   to 
Congress.    No  senator,  or  representative,  or  person  hold- 
ing any  office  of  trust  or  profit  under  the  United  States, 
can  be  an  elector.    A  law  requires  electors  to  be  chosen 
in  all  the  States  on  the  Tuesday  next  after  the  first 
Monday  in  November. 

251 


252    CIVIL   GOVERNMENT   IN   THE   UNITED   STATES. 

2.  The  electors  meet  in  their  respective  States,  usu- 

ally in  the  capital,  and  vote  by  ballot  for 
president.  The  Constitution  requires  the 
electors  to  vote  on  the  same  day  in  all  the  States ;  and  a 
law  fixes  the  first  Wednesday  in  December  as  the  time. 
The  electors  make  three  lists,  each  containing  the 
names  of  the  persons  voted  for,  and  the  number  of  votes 
for  each.  These  lists  are  signed  by  all  the  electors,  and 
sealed ;  and  a  person  is  appointed  by  them  to  carry  one 
list  to  the  president  of  the  senate,  at  the  seat  of  the 
national  government ;  another  is  sent  by  mail,  directed 
to  the  same  officer ;  and  the  third  is  delivered  to  the 
judge  of  the  United  States  Court  for  the  district  in 
which  the  electors  meet. 

3.  If  a  list  of  votes  has  not  been  received  from  a 
Counting  the       State  at  the  seat  of  government  by  the  first 
Votes.  Wednesday  in   January,  a  messenger   is 
sent  for  the  one  in  the  hands  of  the  district  judge.     On 
the  second  Wednesday  in  February,  the  two   houses  of 
Congress  meet  as  one  body ;  and  the  president  of  the 
senate   opens   the    certificates.     The   votes    are    then 
counted  by  tellers  appointed  for  the  purpose ;  and  the 
person,  if  such   there   be,  having   a  number  of  votes 
equal  to  a  majority  of  the  whole  number  of  electors 
appointed,  is  declared  elected. 

4.  If  no  person  has  such  majority,  then  the  represen- 
Eiectionby        tatives  proceed  at  once  to  choose  a  presi-^ 
House  of  Eepre-  dent.     For  this  purpose  two-thirds  of  the 

States  must  be  represented.  The  voting 
is  by  ballot  and  by  States,  each  State  having  one  vote  ; 
and  a  majority  of  the  States  is  required  for  election. 
The  choice  of  the  house  must  be  from  the  three  persons 
having  the  highest  numbers  of  electoral  votes.  The 


THE   PRESIDENT.  253 

balloting  of  the  house  may  continue  until  the  4th  of 
March  ensuing  ;  when,  if  there  has  been  no  choice, 
the  vice-president  assumes  the  duties  of  president. 

The  mode  of  election  as  above  described  is  contained 
in  an  amendment  to  the  Constitution.  The  original  Mode 
original  mode,  as  prescribed  by  the  Consti-  of  Election, 
tution,  was  different.  The  electors,  instead  of  voting 
separately  for  president  and  vice-president,  each  voted 
for  two  persons,  without  specifying  the  office.  When 
the  votes  were  counted,  the  person  having  a  majority 
of  the  votes  was  declared  president ;  and  the  person 
having  the  next  highest  number  was  declared  vice- 
president.  If  two  persons  had  a  majority,  and  each 
had  the  same  number  of  votes,  the  house  of  representa- 
tives chose  between  them.  Thomas  Jefferson  was  thus 
chosen.  If  no  one  had  a  majority,  the  representatives 
proceeded  to  choose  a  president  from  the  five  names  on 
the  list  having  the  most  votes.  John  Quincy  Adams 
was  chosen  by  the  House  after  the  amendment. 

The  president  may  be  removed  from  office  by  im- 
peachment; and  in  case  of  such  removal, 
or  death,  or  resignation,  or  inability  to  per- 
form the  duties  of  the  office,  the  Constitution  provides 
that  these  duties  shall  devolve  upon  the  vice-president. 
If  neither  should  be  able  to  perform  the  duties,  Congress 
has  by  law  declared  that  the  president  pro  tempore  of 
the  senate,  or,  if  there  be  no  such  officer  at  the  time, 
the  speaker  of  the  house  of  representatives,  shall  act  as 
president  of  the  United  States.  It  is  customary  for  the 
vice-president  to  leave  the  chair  of  the  senate  just 
before  the  close  of  each  session,  that  a  president  pro 
tempore  may  be  chosen,  who,  in  case  the  offices  of  presi- 
dent and  vice-president  of  the  United  States  should 

22 


254    CIVIL   GOVERNMENT   IN   THE    UNITED   STATES. 

both  become  vacant  during  the  recess,  may  perform  the 
duties  of  president. 

When  both  offices  become  vacant,  the  law  requires 

that  electors  shall  be  chosen  in  the  States, 
New  Election.  ,  ,          ,        £n    ,  . 

and  persons  elected  to  fill  the  vacancies  in 

the  same  way  as  in  the  regular  elections;  provided 
notice  of  the  vacancy  can  be  communicated  to  the  States 
two  months  before  the  first  Wednesday  in  December. 
Otherwise  the  election  is  deferred  until  the  succeeding 
year. 

At  noon  on  the  fourth  day  of  March,  the  chief  justice 
of  the  supreme  court  of  the  United  States 
administers  to  the  president  elect  the  oath 
of  office  required  by  the  Constitution :  "  I  do  solemnly 
swear  that  I  will  faithfully  execute  the  office  of  Presi- 
dent of  the  United  States,  and  will  to  the  best  of  my 
ability  preserve,  protect,  and  defend  the  Constitution 
of  the  United  States."     This  ceremony  is  the  inaugura- 
tion of  the  president ;  and  it  is  customary  for  him  to 
deliver  an  address  appropriate  to  the  occasion. 

The  compensation  of  the  president  is  fixed  by  Con- 
gress ;  but  the  Constitution  requires  that 
it  shall  not  be  increased  or  diminished 
during  his  term  of  service,  and  that  he  shall  not  receive 
within  that  period  any  other  emolument  from  the 
United  States,  or  from  any  of  the  States.  During  the 
first  term  of  Washington's  administration,  the  salary 
was  fixed  at  twenty-five  thousand  dollars  a  year ;  and  it 
remained  unchanged  until  1873,  when  it  was  raised  to 
fifty  thousand  dollars  a  year.  In  addition  to  this,  the 
executive  mansion,  called  the  White  House,  is  furnished 
to  the  president  rent  free,  together  with  its  furniture, 
fuel,  lights,  care  of  grounds,  etc. 


THE   VICE-PRESIDENT.  255 


THE  VICE-PRESIDENT. 

When  the  electors  vote  for  president,  they  also  vote 
hy  distinct    ballots  for  a  vice-president. 
They   make   similar  lists   of  the   persons 
voted  for,  and  send  them  with  the  others  ;  and  the  votes 
are  counted  at  the  same   time.     The  person  having  a 
majority  of  the  electoral  votes  is  declared  vice-president. 
If  no  person  has  such  majority,  the  senate  proceeds  at 
once  to  choose  a  vice-president  from  the  two  persons 
having  the  highest  number  of  votes. 

The  qualifications  requisite  for  the  vice-president  are 
^he  same  as  for  the  president ;  and  he  is 
chosen  for  the  same  term.  He  is  not 
strictly  connected  with  the  executive  department,  hav- 
ing no  executive  functions  unless  in  case  of  a  vacancy 
in  the  office  of  president,  when  he  assumes  the  duties 
of  that  position.  He  is  more  closely  connected  with 
the  legislative  department,  being  president  of  the  sen- 
ate, though  he  has  no  vote  unless  the  senate  be  equally 
divided.  Tlie  salary  of  the  vice-president  is  fixed  by 
Congress,  and  is  now  eight  thousand  dollars  a  year. 

The  choice  of  president  and  vice-president  by 
electors,  and  not  directly  by  the  people, 
would  seem  to  preclude  a  previous  nomi- 
nation. This  was  doubtless  the  intention  of  the 
framers  of  the  Constitution,  to  avoid  the  excitement  of 
a  popular  election.  But  in  this  respect  the  purposes  of 
the  fathers  have  been  defeated.  Each  of  the  political 
parties  of  the  country  has  a  national,  as  well  as  a  State, 
committee.  In  the  summer  preceding  the  choice  of 
electors,  these  committees  issue  calls  for  national  con- 
ventions composed  of  delegates  from  the  States.  These 


256      CIVIL  GOVERNMENT  IN  THE   UNITED   STATES. 

delegates  are  chosen  at  State  conventions,  which  consist 
of  delegates  chosen  in  town  and  ward  caucuses.  At  the 
national  conventions,  candidates  are  nominated  for  the 
office  of  president  and  vice-president ;  and  their  friends 
come  before  the  people  with  their  claims,  just  as  if  the 
people  were  to  vote  directly  for  them.  At  subsequent 
State  conventions,  persons  are  nominated  for  electors, 
pledged  to  vote  for  the  party  candidates.  For  these  per- 
sons the  people  vote,  with  the  understanding  that  by 
so  doing  they  are  expressing  their  choice  for  president. 
All  that  the  electors  have  to  do  is  to  record  their  votes 
for  the  persons  previously  agreed  upon.  The  electoral 
voting  is  therefore  only  a  form.  If  the  candidate 
should  die  between  the  time  of  the  choice  of  electors, 
and  the  day  for  them  to  vote,  the  responsibility  of 
choice  would  fall  more  directly  upon  them. 

JUDICIAL   DEPARTMENT. 

The  Constitution  vests  judicial  power  in  one  supreme 
court,  and  such  inferior  courts  as  Congress 
shall  from  time  to  time  establish.    The  Su- 
preme Court  of  the  United  States  consists  of  one  chief 
justice  and  eight  associate  justices.     It  holds  an  annual 
term  in  Washington,  beginning  on  the  first  Monday  in 
December. 

The  United  States  has  been  divided  by  Congress  into 

nine  iudicial  circuits,  in  each  of  which  is 
Circuit  Courts.  .    \.  ^     ,      .      ,.  «    ,, 

a  justice.     Each  justice  of  the   supreme 

court  holds  a  circuit  court  with  the  assistance  of  the 
circuit  justice. 

These  circuits  are  divided  into  districts,  in  each  of 

which  is  a  judge,  a  clerk,  a  marshal,  and  an 
District  Courts.       attorney>       gome  of   the   largef   gtates    ^ 


JUDICIAL   DEPAETMENT.  257 

divided  into  two  or  three  districts ;  each  of  the  others 
forms  one  district.  The  duties  of  the  marshal  are  simi- 
lar to  those  of  the  sheriff  in  the  State  courts. 

Besides  the  courts  of  justice  that  have  been  described, 
there  is  a  Court  of  Claims,  consisting  of 

„         .      ,.  r™       ,  /.   .,  .  ,    Court  of  Claims. 

five  justices.  The  business  of  this  court 
is,  to  examine  all  claims  against  the  government  for  the 
payment  of  money  about  which  there  is  dispute,  and  to 
make  such  awards  as  the  court  deems  just.  As  a 
sovereign  state  cannot  be  sued  in  an  ordinary  court, 
justice  requires  that  some  such  provision  should  be 
made  for  the  benefit  of  the  public  creditors. 

All  the  judges  are  appointed  by  the  president,  with 
the   advice    and   consent   of    the    senate. 

Appointment 

They  hold  their  office   during  good  be-      and  Salary 
havior,  and  may  be  removed  by  impeach-      of  Jud£es> 
ment  and  subsequent  conviction.     Their  compensation 
is  fixed  by  law  ;  but  the  Constitution  provides  that  it 
shall  not  be  diminished   during  their  continuance  in 
office.     The  marshals   and  district  attorneys  are   also 
appointed  by  the  president. 

22* 


CHAPTER  XXIX. 

THE  POWERS    OF   CONGRESS. 
1.    RESPECTING  FINANCE. 

THE  superiority  of  the  constitutional  government 
Power  of  Taxa-  over  *ne  confederation  is  nowhere  more 
tion-  apparent  than  in  the  extensive  powers 

given  to  Congress  for  raising  money.  The  grant  is  as 
follows :  "  Congress  shall  have  power  to  lay  and  collect 
taxes,  duties,  imposts,  and  excises,  to  pay  the  debts  and 
provide  for  the  common  defence  and  general  welfare  of 
the  United  States."  The  four  words  used  are  intended 
to  cover  all  forms  of  taxation.  A  tax  is  "  a  contribution 
imposed  by  government  on  individuals  for  the  service 
of  the  state."  Duties,  in  a  restricted  sense,  are  taxes 
upon  articles  imported  or  exported.  Imposts  are  the 
same  as  duties.  Excises  are  taxes  upon  articles  man- 
ufactured or  produced  for  home  consumption. 

The  Constitution  divides  taxes  into  two  classes,  direct 

and  indirect,  and  prescribes  different  modes 
Direct  Taxes.          «  '  „.  .      . 

of   apportionment.     Direct   taxes  include 

poll-taxes,  —  that  is,  taxes  upon  the  person  of  the  con- 
tributors, —  and  taxes  on  land,  houses,  and  other  real 
estate.  These  must  be  apportioned  as  representatives 
are  ;  that  is,  according  to  the  population  of  the  several 
States.  This  provision  was  a  compromise  between  the 

258 


THE   POWERS   OF   CONGRESS.  259 

slaveholding  and  non-slaveholding  States.  The  for- 
mer wished  all  the  slaves  counted  in  the  representative 
population :  the  latter  wished  none  of  them  counted. 
The  controversy  was  settled  by  counting  three-fifths  of 
them  both  for  representation  and  for  taxation.  Direct 
taxes  have  very  rarely  been  levied  by  the  government 
of  the  United  States. 

Indirect  taxes  include  duties,  imposts,  and   excises. 

These  are  required  to  be  uniform  through- 
Duties, 
out  the  country.     Duties  upon  exports  are 

prohibited.  Duties  upon  imports  are  of  two  kinds. 
Specific  duties  are  proportioned  to  the  quantity  of  the 
article  imported  ;  ad  valorem  duties  are  proportioned  to 
the  market  value  of  the  article  in  the  country  from 
which  it  comes,  as  shown  by  an  invoice  accompanying 
it.  A  duty  of  a  dollar  a  yard  on  silk  would  be  specific  ; 
a  duty  of  forty  per  cent  on  silk  would  be  ad  valorem. 

Congress  prescribes  the  rate  of  duties  to  be  paid  on 
different  articles  of  merchandise,  and  the 
mode  of  collection.    A  schedule  of  dutiable 
goods,  with  the  rate  upon  each,  is  called  a  tariff. 

Officers  are  appointed  to  inspect  all  merchandise,  to 
assess  the  duties  upon  it,  and  to  collect  Collection  of 
these.  All  duties  are  paid  in  gold  by  the  Duties, 
importer.  For  convenience  in  collection,  custom-houses 
are  established  at  different  places  on  the  seacoast,  on 
the  navigable  rivers,  and  on  the  boundary-line  between 
the  States  and  the  Dominion  of  Canada. 

During  the  war  of  the  Rebellion,  excise  duties  were 
levied  upon  a  large  number  of  articles  of  home  produc- 
tion and  use  ;  but  most  of  them  have  since  been  with- 
drawn. Taxes  of  this  kind  are  still  levied  upon  the 
manufacture  of  distilled  and  fermented  liquors,  and  of 
tobacco. 


260     CIVIL  GOVERNMENT   IN   THE   UNITED   STATES. 

In  time  of  peace,  the  duties  upon  imports  have  been 
Power  to  Bor-  sufficient  to  meet  the  expenses  of  the  gov- 
row  Money.  eminent ;  but,  to  meet  extraordinary  ex- 
penses, Congress  has  the  power  to  borrow  money  on 
the  credit  of  the  United  States.  Congress  by  law  deter- 
mines the  amount  to  be  borrowed,  the  kind  of  securities 
to  be  given,  the  rate  of  interest  to  be  paid,  and  the  time 
and  place  of  payment  of  principal  and  interest.  The 
money  is  actually  borrowed  by  the  secretary  of  the 
treasury.  Under  this  provision  of  the  Constitution, 
Congress  authorized  the  issue  of  United  States  notes, 
payable  on  demand,  without  interest,  and  made  them 
legal  tender,  that  is,  lawful  money  for  the  payment 
of  debts. 

Congress  has  not  only  the  power  to  provide    for  a 

revenue,  but  the   complete  control  of  all 
Expenditures.  ,..  XT  ,        , 

expenditures.      No  money  can  be  drawn 

from  the  treasury  but  in  consequence  of  appropriations 
made  by  law ;  and  a  regular  statement  of  all  receipts 
and  expenditures  is  required  to  be  published  from  time 
to  time. 

2.  RESPECTING    COMMERCE   AND   COMMERCIAL 
INTERESTS. 

The  Constitution  gives  to  Congress  power  to  regulate 
commerce  with  foreign  nations,  and  among  the  several 
States,  and  with  the  Indian  tribes. 

Under  this  grant  Congress  declares  what  vessels  are 
Regulation  of  entitled  to  protection  as  American,  by 
Commerce.  what  process  protection  may  be  secured, 
at  what  ports  vessels  may  land  cargoes,  what  rules 
shall  govern  the  entering  and  leaving  ports.  It  makes 
rules  for  the  government  of  seamen  on  board  of  Ameri- 


THE  POWERS   OF   CONGRESS.  261 

can  vessels,  provides  for  administering  justice  to  sea- 
men through  its  courts,  and  sends  consuls  to  all  foreign 
ports  to  look  after  the  commercial  interests  of  Ameri- 
can citizens.  It  surveys  the  coasts,  clears  harbors  and 
rivers  from  obstructions,  builds  breakwaters,  erects 
lighthouses  and  buoys,  and  enacts  laws  respecting  pilot- 
age, quarantine,  and  wrecking. 

Besides  the  power  to  regulate  commerce,  Congress  has 
other  powers  which  closely  concern  com-      promotionof 
mercial  interests.    These  are,  the  power  to       Commercial 
coin  money,  to  fix  the  value  of  American 
and  foreign  coins,  to  fix  the  standard  of  weights  and 
measures,  to  provide  for  the  punishment  of  counterfeit- 
ing the  securities  and  current  coin  of  the  United  States, 
and  to  establish  uniform  laws  on  the  subject  of  bank- 
ruptcies throughout  the  United  States. 

For  coining  money,  mints  are  established  at  various 
places.  The  principal  one  is  at  Phila- 
delphia ;  and  there  are  branches  at  San 
Francisco ;  Carson  City,  Nev. ;  and  Denver,  Col.  There 
are  assay  offices  at  New  York  ;  Charlotte,  N.C. ;  and 
Boise  City,  Idaho.  Gold  and  silver  bullion  is  received 
at  either  of  these  places  in  amount  not  less  than 
one  hundred  dollars  in  value.  This  is  assayed, — 
that  is,  tested  to  ascertain  the  relative  amount  of  pure 
metal  in  it ;  and  the  depositor  receives  for  it  its  value 
either  in  coin  or  in  stamped  bars,  less  a  small  charge 
for  assaying,  melting,  and  coining.  The  mint  and 
branches  are  in  charge  of  persons  appointed  by  the 
president.  Congress  determines  what  coins  shall  be 
issued,  and  the  standard  fineness  of  each,  regulates 
the  charges  for  coining,  and  makes  air  rules  for  the 
conduct  of  the  business. 


262     CIVIL  GOVERNMENT  IN   THE  UNITED   STATES. 

Although  Congress  has  the  power  to  fix  the  standard 
Weights  and  °f  weights  and  measures  for  the  country, 
Measures.  ft  has  never  exercised  the  power.  It  has 
adopted  the  English  units  for  the  use  of  the  officers  of 
the  government  in  the  custom-houses,  and  has  furnished 
copies  of  these  to  the  States,  but  has  not  made  their  use 
obligatory.  There  is  still  considerable  diversity  in  dif- 
ferent sections  of  the  country.  Congress  has  also  legal- 
ized the  use  of  the  metric  system. 

The  object  of  bankrupt  laws  is  to  free  debtors  from 
Bankrupt  a^  their  obligations  on  giving  up  their 

Laws.  property  to  their  creditors.  When  the 

relation  of  debtor  and  creditor  is  held  by  citizens  of 
different  States,  it  is  desirable  that  the  laws  regulating 
their  relation  should  be  uniform,  or  great  injustice 
might  be  done,  and  the  commerce  between  the  States 
checked.  This  uniformity  can  only  be  secured  by  the 
action  of  Congress. 


3.    RESPECTING  NATURALIZATION. 

Congress  has  the  power  to  establish  a  uniform  rule 
of  naturalization.  As  the  citizens  of  one  State  have  all 
the  rights  of  citizens  in  every  other  State,  it  is  necessary 
that  the  qualifications  for  citizenship  should  be  the  same 
in  all.  The  process  of  naturalization  consists  of  two 
Declaration  of  steps.  The  first  is  the  declaration  of 
Intention.  intention  to  become  a  citizen  of  the  United 
States.  This  must  be  made  on  oath  before  a  circuit  or 
district  court  of  the  United  States;  or  before  a  State 
court  of  record  having  common  law  jurisdiction,  a  clerk, 
and  a  seal.  This  declaration  is  recorded,  and  a  certificate 
given  to  the  person. 


THE  POWERS   OF   CONGRESS.  263 

At  least  two  years  must  elapse  before  the  second 
step,  —  the  oath  of  allegiance.  The  person  must  prove 
by  witness  upon  oath,  that  he  has  resided  oath  of  Ailegi- 
in  the  United  States  at  least  five  years,  and  ance- 
in  the  State  in  which  he  wishes  to  be  naturalized  at 
least  one  year ;  and  that  during  this  time  he  has  borne 
a  good  moral  character,  and  has  been  well  disposed 
toward  the  Constitution  and  government.  He  then 
makes  a  written  declaration,  and  supports  it  by  oath, 
that  he  renounces  allegiance  to  all  foreign  powers,  and 
especially  the  one  to  which  he  has  been  subject,  and 
that  he  will  support  the  Constitution  of  the  United 
States.  A  certificate  of  citizenship  is  then  given  him 
by  the  court. 

If  the  applicant  was  under  eighteen  years  of  age 

when  he  came  to  this  country,  the  decla- 

,.  £   .    ,      ,.        .     ,.  ,       -,11,       Special  Cases, 

ration  of  intention  is  dispensed  with,  but 

the  five  years  of  residence  must  be  proved.  A  soldier 
who  has  served  in  the  United  States  army  and  been  hon- 
orably discharged,  may  become  a  citizen,  after  a  residence 
of  one  year,  on  taking  the  oath  of  allegiance.  The  wife 
and  minor  children,  if  living  in  the  country,  become  citi- 
zens by  the  naturalization  of  the  husband  and  father. 


4.    RESPECTING   POSTAL   COMMUNICATION. 

Congress  has  the  power  "  to  establish  post-offices  and 
post-roads."  This  includes  all  that  is  necessary  to 
secure  prompt  delivery  of  the  mails  in  any  part  of  the  ' 
country.  The  ordinary  routes  of  travel,  highways  and 
railroads,  are  adopted  by  the  government  as  post-roads. 
Congress  declares  by  law  what  matter  may  be  trans- 


264     CIVIL  GOVERNMENT  IN  THE   UNITED   STATES. 

ported  through  the  mails  and  at  what  rates,  fixes  the 
salaries  of  all  officers  connected  with  the  service,  and 
prescribes  how  contracts  shall  be  made  for  carrying  the 
mails,  and  for  furnishing  the  necessary  articles  for  the 
department.  The  postal  money-order  system  has  also 
been  established  by  Congress,  under  this  provision  of 
the  Constitution. 


5.   RESPECTING  PATENTS   AND  COPYRIGHTS. 

Congress  has  the  power  "  to  promote  the  progress  of 
science  and  the  useful  arts  by  securing  for  limited  times 
to  authors  and  inventors  the  exclusive  right  to  their 
respective  writings  and  discoveries." 

A  patent  is  a  written  instrument  by  which  the  gov- 
ernment secures  to  an  inventor  the  exclu- 
sive right  to  manufacture  and  sell  his 
invention.  The  invention  may  be  an  art,  a  machine, 
a  manufacture,  or  a  composition  of  matter,  or  any  new 
and  useful  improvement  thereon.  The  patent  is  issued 
by  the  commissioner  of  patents  for  a  term  of  seventeen 
years. 

A  copyright  is  the  exclusive  privilege  granted  by 
government  to  print,  publish,  and  sell 
copies  of  writings  or  drawings.  Copy- 
rights are  issued  only  to  citizens  or  residents  of  the 
United  States.  They  cover  books,  maps,  charts,  musi- 
cal compositions,  prints,  cuts,  and  engravings,  and  the 
representation  of  dramatic  compositions.  The  copy- 
right is  issued  by  the  librarian  of  Congress,  and  is 
valid  for  a  term  of  twenty-eight  years.  At  the  end  of 
that  time,  the  author  or  his  heirs  may  secure  an  exten- 
sion of  the  right  for  fourteen  years. 


THE  POWERS  OF   CONGRESS.  26& 


6.   RESPECTING  THE  ADMINISTRATION  OP  JUSTICE. 

The  Constitution  provides  for  a  supreme  court,  but 
gives  to  Congress  power  to  constitute  inferior  tribunals. 
Under  this  power  the  circuit  and  district  courts,  and 
the  court  of  claims,  have  been  established,  and  the 
modes  of  performing  their  functions  regulated. 

Congress  has  certain  other  powers  which  necessarily 
grow  out  of  the  sovereignty  of  the  United  States. 

One  of  these  is,  "  to  define  and  punish  piracies  and 
felonies  committed  on  the  high  seas,  and 
offences  against  the  law  of  nations."  The 
term  "  high  seas  "  means  the  unenclosed  waters  of  the 
ocean,  and  also  those  waters  on  the  seacoast  which  are 
without  the  boundary  of  low-water  mark.  By  the  law 
of  nations,  piracy  is  defined  as  a  robbery  or  forcible 
depredation  on  the  high  seas,  without  lawful  authority, 
in  the  spirit  of  universal  hostility.  Congress  declared 
that  murder  and  robbery  on  the  high  seas,  or  any  offence 
which  if  committed  on  land  would  be  punishable  with 
death,  shall  be  considered  piracy  and  felony.  The 
slave-trade  has  also  been  declared  to  be  piracy.  Piracy 
is  punishable  with  death. 

The  power  is  also  given  to  Congress  to  declare  the 
punishment  of  treason  ;  but  the  Constitu- 
tion defines  the  crime,  and  limits  the  pen- 
alty.    Treason  against  the  United  States  consists  "  only 
in  levying  war  against  them,  or  in  adhering  to  their 
enemies,  giving  them  aid  and  comfort."     It  is  further 
declared  that  "  no  person  shall  be  convicted  of  treason 
unless  on  the  testimony  of  two  witnesses  to  the  same 
overt  act,  or  on  confession  in  open  court."     The  student 
of  English  history  will  recall  the  gross  injustice  perpe- 

23 


266     CIVIL  GOVERNMENT  IN  THE  UNITED   STATES. 

trated  during  the  reigns  of  the  Tudors  and  Stuarts  by 
calling  the  most  trivial  offences  treason,  and  will  see  the 
wisdom  and  prudence  of  those  who  guarded  against 
such  oppression  in  our  own  country.  Congress  has 
made  treason  punishable  with  death.  The  punishment 
by  the  common  law  of  England  was  most  barbarous  ; 
and  the  convicted  person  could  neither  inherit  estates, 
nor  retain  those  already  possessed,  nor  transmit  them  to 
any  heir.  He  also  forfeited  all  personal  property.  But 
the  Constitution  of  the  United  States  does  not  allow 
the  guilt  of  the  traitor  to  be  visited  upon  his  children. 

7.   RESPECTING  WAR. 

Congress  has  the  power  "  to  declare  war,  grant  letters 
of  marque  and  reprisal,  and  make  rules  concerning 
captures  on  land  and  water."  A  letter  of  marque  and 
Letter  of  reprisal  is  a  commission  granted  by  the 

Marque.  government  to  a  private  individual  to  take 

property  of  a  foreign  state,  or  of  the  citizens  or  subjects 
of  such  state,  as  a  reparation  for  injury  committed  by 
such  state,  or  by  its  citizens  or  subjects. 

Congress  has  power  to  raise  and  support  armies,  and 
to  provide  and  maintain  a  navy,  and  to  make  rules  for 
the  government  and  regulation  of  the  land  and  naval 
forces.  In  the  exercise  of  this  power,  Congress  deter- 
United  States  mines  what  number  of  troops  shall  be 
A^y-  maintained  in  each  branch  of  military 

service ;  the  manner  of  organizing  and  disciplining 
them  ;  the  number,  rank,  and  pay  of  officers  ;  the  way 
in  which  the  army  shall  be  supplied.  It  establishes 
armories  for  making,  and  arsenals  for  storing  arms.  It 
has  made  careful  surveys  of  the  territory  of  the  United 
States  for  the  construction  of  army  maps.  It  provides 


THE  POWERS   OF   CONGEESS.  267 

for  the  care  of  the  national  cemeteries,  where  the 
bodies  of  those  who  have  died  in  their  country's  ser- 
vice find  a  last  resting-place.  It  has  also  established 
and  maintained  a  military  academy  at  West  *Point  for 
the  education  of  army  officers.  The  army,  in  time  of 
peace,  is  scattered  over  the  country,  doing  garrison 
duty  in  the  forts  on  the  coast,  protecting  the  frontier 
settlements  from  Indians,  or  making  surveys. 

Congress  determines  of  what  the  navy  shall  consist, 
and  the  manner  in  which  it  shall  be  united  states 
organized  and  officered.  It  maintains  Navy- 
navy-yards  for  the  construction  and  repair  of  vessels ; 
and  an  academy  at  Annapolis,  Md.,  for  the  education 
of  naval  officers.  In  time  of  peace,  a  part  of  the  ves- 
sels are  at  the  navy-yards ;  and  the  others  are  sta- 
tioned in  the  different  waters  of  the  globe,  to  protect 
the  interests  of  the  United  States,  and  the  persons  and 
property  of  her  citizens.  Ocean  surveys  are  also  made, 
to  aid  in  the  construction  of  charts. 

Besides  the  power  to  support  the  regular  army,  Con- 
gress has  the  power  to  provide  for  calling 
out  the  militia  to  execute  the  laws  of  the 
Union,  suppress  insurrection,  and  repel  invasion.  In 
the  exercise  of  this  power,  Congress  has  by  law  con- 
ferred upon  the  president  the  power  to  call  forth  the 
militia  for  the  purposes  specified  in  the  Constitution  ;  and 
the  supreme  court  has  decided  that  the  president  is  the 
sole  judge  of  the  necessity  of  issuing  the  call.  Con- 
gress also  provides  for  organizing,  arming,  and  disciplin- 
ing the  militia,  and  for  governing  such  portion  of  them 
as  may  be  employed  in  the  service  of  the  United  States. 
Each  State  officers  and  trains  its  own  militia,  according 
to  the  regulations  prescribed  by  Congress. 


268    CIVIL  GOVERNMENT  IN  THE  UNITED   STATES. 


8.    RESPECTING  THE  TERRITORY  AND  PROPERTY  OF 
THE   UNITED   STATES. 

The  Constitution  gives  to  Congress  the  power  to 
Seat  of  Govern-  exercise  "  exclusive  legislation  in  all  cases 
ment-  whatsoever  "  over  the  District  of  Colum- 

bia, and  over  all  places  purchased  by  the  government 
for  its  own  use,  as  for  forts,  navy-yards,  &c.  The  Dis- 
trict of  Columbia  was  originally  a  tract  of  land  ten 
miles  square,  lying  on  both  sides  of  the  Potomac  River, 
ceded  to  the  United  States  by  Maryland  and  Virginia. 
In  1846  the  part  south  of  the  river  was  given  back  to 
Virginia.  As  this  district  is  not  a  part  of  any  State,  its 
inhabitants  are  not  represented  in  Congress,  nor  in  the 
choice  of  president.  Congress  has  given  charters  to 
the  cities  of  Washington  and  Georgetown.  Recently 
Congress  established  a  government  similar  to  that  of 
the  western  Territories ;  but  this  has  been  abol- 
ished, and  now  the  affairs  of  the  District  are  in  the 
hands  of  three  commissioners  appointed  by  the  presi- 
dent. 

All  purchases  of  land  by  the  United  States,  for  the 
erection  of  public  buildings  or  works,  must  be  made 
with  the  consent  of  the  legislature  of  the  State  in  which 
the  land  is  situated. 

Congress  also  has  the  power  to  dispose  of,  and  make 
all  needful  rules  and  regulations  respect- 
ing, the  territory  or  other  property  belong- 
ing to  the  United  States.  The  territory  of  the  United 
States  has  been  obtained  from  three  sources,  —  from  the 
individual  States  by  cession,  from  foreign  nations  by 
purchase,  from  the  Indians  by  purchase. 


THE  POWERS   OF  CONGRESS.  269 

The  territory  granted  to  several  of  the  colonies  by 
their  charters  extended  to  the  Pacific  Cession  by 
Ocean;  and  after  the  Revolution  these  states. 
States  claimed  this  land  as  far  west  as  the  Mississippi. 
The  other  States  denied  the  justice  of  the  claim,  and 
refused  to  ratify  the  articles  of  confederation  unless  the 
unoccupied  territory  were  given  up  to  Congress,  to  be 
held  for  the  benefit  of  all  the  States.  After  much  dis- 
cussion, the  States  of  Massachusetts,  Connecticut,  New 
York,  Pennsylvania,  Virginia,  the  Carolinas,  and  Geor- 
gia, gave  up  the  title  to  the  unoccupied  Western  land. 

The  country  north  of  the  Ohio  River  was  called  the 
Northwest  Territory.  In  1787  Congress  Ordinance  of 
passed  a  famous  Ordinance  to  provide  for  1787i 
its  government.  The  right  of  taxation  was  asserted,  all 
civil  rights  were  guaranteed,  slavery  was  prohibited,  and 
the  declaration  made  that  not  less  than  three  nor  more 
than  five  new  States  should  be  formed  from  the  territory, 
and  admitted  to  the  Union  on  equal  terms  with  the  origi- 
nal States. 

France  had  originally  claimed  the  territory  west  of 
the  Alleghany  Mountains,  but  in  1763  had     Louisiana  and 
given  up  all  east  of  the  Mississippi  River.     Florida. 
In  1803  the  United  States  by  treaty  with  France  pur- 
chased the  territory  south  of  the  thirty-first  parallel  of 
latitude,  between  the  Perdido  and  Mississippi  Rivers, 
and  all  between  the  latter  river  and  Mexico.      This 
was  divided  into  the  Territory  of  Orleans,  and  the  Dis- 
trict of  Louisiana.     In  1819  Florida  was  purchased  of 
Spain.     In   1845  Texas,  which  had  pre- 
viously withdrawn  its  allegiance  from  Mex- 
ico, and  had  fought  to  maintain  its  independence,  at  its 
own  request  was  annexed  to  the  United  States.     This 

23* 


270    CIVIL   GOVERNMENT   IN   THE   UNITED   STATES. 

was  considered  an  act  of  hostility  by  Mexico  ;  and  the 
Mexican  war  followed.  This  was  closed  by  a  treaty  in 
California  and  1848;  by  which  Mexico,  for  a  sum  of 
Alaska.  money,  ceded  New  Mexico  and  California 

to  the  United  States.  In  1867  the  territory  of  Alaska 
was  purchased  of  Russia. 

Most  of  the  territory  ceded  and  purchased  at  these 
Extinction  of  different  times  was  occupied  by  Indian 
Indian  Rights,  tribes.  In  order  to  open  the  country  to 
white  settlers,  the  various  tribes  were  compelled  to  give 
up  their  right  of  occupancy.  To  those  east  of  the 
Mississippi  River,  land  was  granted  in  what  is  now 
the  Indian  Territory ;  and  they  were  removed  thither. 
The  western  tribes  have  gradually  been  compelled  to 
give  up  their  roving  habits,  and  confine  themselves 
to  reservations  set  apart  by  Congress. 

Congress,  in  the  exercise  of  the  right  to  dispose  of 
Disposal  of  territory,  has  had  surveys  of  it  made,  and 
Territory.  has  provided  for  selling  it  to  actual  set- 
tlers. It  has  also  given  it  to  discharged  soldiers,  and 
has  made  extensive  grants  to  railroad  corporations. 

From  time  to  time,  as  the  population  has  increased, 
Organized  Ter-  portions  of  this  territory  have  been  or- 
ritories.  ganized  for  government.  The  act  of  Con- 

gress by  which  a  Territory  is  organized  has  the  same 
relation  as  a  constitution  in  a  State  government.  It 
fixes  the  qualification  of  voters  ;  establishes  a  legislative 
department  of  two  branches  chosen  by  the  people  ,- 
provides  for  the  appointment  of  a  governor,  a  secretary, 
and  judicial  officers,  by  the  President  of  the  United 
States  ;  determines  the  relations  of  the  departments ; 
and  limits  the  powers  of  the  government.  Thus  the 
principle  of  local  self-government  on  which  the  republic 


THE  POWERS  OF  CONGRESS.  271 

rests  is  respected ;  but  the  people,  not  being  inhabitants 
of  a  State,  have  no  voice  in  the  general  government. 
As  has  been  stated  in  a  previous  chapter,  the  interests 
of  the  people  are  represented  in  Congress  by  a  delegate, 
who  may  participate  in  debate,  but  cannot  vote. 

Congress  has  the  power  to  admit  new  States  into  the 
Union.  Two  modes  of  procedure  have  Admission  of 
been  followed  at  different  times.  Usually  states, 
the  people  of  a  Territory  form  a  State  constitution,  and 
submit  it  to  Congress  with  a  petition  for  admission  to 
the  Union.  If  the  government  proposed  is  republican 
in  form,  Congress  may  pass  an  act  of  admission.  Some- 
times Congress  takes  the  first  step  by  passing  an  en- 
abling act.  This  allows  the  people  to 

~  Enabling  Acts. 

form  a  State  constitution  at  a  certain  time, 
and  authorizes  the  president  to  issue  a  proclamation 
recognizing  the  new  State  if  the  government  is  repub- 
lican in  form. 

The  following  States  have  been  admitted  since  the 
adoption  of  the  Constitution :  — 

Vermont,  claimed  by  New  Hampshire  and  New  York,  admitted  1791. 

Kentucky,  ceded  by  Virginia,  "  1792. 

Tennessee,  ceded  by  North  Carolina,  "  1796. 

Ohio,  a  part  of  the  North- West  Territory,  "  1802. 

Louisiana,  acquired  from  France,  "  1812. 

Indiana,  a  part  of  the  North- West  Territory,  "  1816. 

Mississippi,  ceded  by  South  Carolina  and  Georgia,  "  1817. 

Illinois,  a  part  of  the  North- West  Territory,  "  1818. 

Alabama,  ceded  by  South  Carolina  and  Georgia,  "  1819. 

Maine,  set  off  from  Massachusetts,  "  1820. 

Missouri,  acquired  from  France,  "  1821. 

Arkansas,  acquired  from  France,  ««  1836. 

Michigan,  a  part  of  the  North- West  Territory,  "  1837. 

Florida,  acquired  from  Spain,  "  1845. 


272     CIVIL  GOVERNMENT  IN  THE   UNITED  STATES. 

Texas,  a  revolted  province  of  Mexico,  admitted  1845. 

Iowa,  acquired  from  France,  «  1846. 

Wisconsin,  a  part  of  the  North- West  Territory,  "  1848. 

California,  acquired  from  Mexico,  "  1850. 

Minnesota,  chiefly  acquired  from  France,  "  1858. 

Oregon,  acquired  from  France,  "  1859. 

Kansas,  acquired  from  France,  "  1861. 

West  Virginia,  a  part  of  Virginia,  "  1863. 

Nevada,  acquired  from  Mexico,  *«  1864. 

Nebraska^  acquired  from  France,  "  1867. 

Colorado,  acquired  from  France  and  Mexico,  "  1876. 

9.   RESPECTING  AMENDMENTS  TO  THE  CONSTITUTION. 

Amendments  to  the  Constitution  may  be  proposed  in 

either  of  two  ways :  first,  by  Congress,  two- 
How  Proposed.      ,  .   ,       „  ,     ,   J, 

thirds  of  both  houses  agreeing ;   second, 

by  a  convention  for  the  purpose,  called  by  Congress  on 
application  of  the  legislatures  of  two-thirds  of  the 
States. 

These  amendments  may  become  valid  as  parts  of  the 

Constitution  by  being  ratified  in  either  of 

two   ways :    first,  by  the   legislatures   of 

three-fourths  of  the  States  ;  second,  by  conventions  in 

three-fourths  of  the  States.     Congress  may  determine 

which  of  these  two  modes  shall  be  used. 

Fifteen  amendments  have  been  ratified.    The  absence 

.   of  any  bill  of  rights  in  the  Constitution 
oQDjeci  oi  Jfirst  " 

Eight  Amend-  excited  the  jealousy  of  the  people  of  some 
ments.  Q£  ^e  g^a^es .  an(j  faey  urged  the  immedi- 

ate adoption  of  amendments  to  supply  the  omission. 
Accordingly  ten  amendments  were  finally  ratified  by 
three-fourths  of  the  States  in  1791.  Eight  of  these 
guaranteed  the  following  rights  :  religious  freedom,  and 
freedom  of  speech  and  of  the  press ;  the  right  of  assem- 
bly and  petition ;  the  right  to  keep  and  bear  arms ; 


THE   POWEBS   OF   CONGRESS.  273 

exemption  from  quartering  soldiers ;  security  from  un- 
lawful search  and  seizure;  prompt  and  impartial  jus- 
tice, and  trial  by  jury ;  exemption  from  excessive  bail, 
and  from  cruel  and  unusual  punishments. 

The  ninth  amendment  declares  that  the  enumeration  of 
the  above  rights  does  not  imply  that  others  Ninth,  Tenth 
may  be  violated.  The  tenth  reserves  to  and  Eleventh, 
the  States  or  to  the  people  all  rights  not  delegated  to 
the  general  government.  The  eleventh,  ratified  in  1798, 
relates  to  the  judicial  power  of  the  United  States. 

The  twelfth,  ratified  in  1804,  was  occasioned  by  the 
contest  in  the  house  of  representatives  Twelfth  and 
which  resulted  in  the  election  of  Thomas  Thirteenth. 
Jefferson  as  president.  It  prescribes  the  manner  of 
electing  the  president  and  vice-president.  The  thir- 
teenth, ratified  in  1865,  abolished  and  prohibited  slavery 
within  the  United  States. 

The  fourteenth,  ratified  in  1868,  guarantees  political 
and  civil  rights  to  all  persons  born  or  Fourteenth  and 
naturalized  in  the  United  States  ;  changes  Fifteenth, 
the  rule  of  apportionment  of  representatives  and  direct 
taxes,  to  adapt  it  to  a  wholly  free  population  ;  excludes 
from  office  under  the  United  States  and  in  the  States 
those  rebels  who  have  violated  a  previous  oath  of  alle- 
giance, but  gives  to  two-thirds  of  Congress  the  power 
to  remove  this  disability;  establishes  the  validity  of 
the  public  debt  of  the  United  States;  forbids  the 
payment  by  the  United  States  or  by  any  State  of  any 
debt  incurred  in  aid  of  rebellion,  or  any  claim  for 
emancipated  slaves  ;  gives  to  Congress  power  to  enforce 
the  provisions  of  the  amendment  by  legislation.  The 
fifteenth,  ratified  in  1870,  guarantees  the  right  of  suf- 
frage to  freedmen,  and  gives  to  Congress  power  to 
enforce  the  act  by  legislation. 


274     CIVIL  GOVERNMENT   IN   THE   UNITED   STATES. 


10.   RESPECTING  IMPEACHMENT. 

By  the  United  States  Constitution,  the  persons  who 
Who  may  be  mav  ^e  impeached  are  the  president,  vice- 
Impeached,  president,  and  all  civil  officers  of  the 
United  States.  The  term  "  civil  officers  "  includes  all 
executive  and  judicial  officers  of  the  national  govern- 
ment, except  those  of  the  army  and  navy.  The  mem- 
bers of  Congress  are  not  considered  United  States 
officers.  Civil  officers  of  the  States  are  liable  to 
impeachment  by  the  State  legislatures. 

The  offences  for  which  the  United  States  officers 
impeachabie  may  be  impeached  are  treason,  bribery, 
Offences  an(j  other  high  crimes  and  misdemeanors. 

Treason  is  defined  by  the  Constitution  itself ;  and  the 
other  offences  are  determined  according  to  the  princi- 
ples of  parliamentary  usage  and  the  common  law.  In 
the  impeachment  of  Andrew  Johnson,  in  1868,  the 
offences  charged  were,  the  unlawful  removal  from  office 
of  the  secretary  of  war,  the  appointment  of  another 
person  to  the  same  office,  and  the  forcible  attempt  to 
obtain  possession  of  the  war  department.  These  were 
called  high  crimes  and  misdemeanors. 

The  Constitution  gives  to  the  house  of  representa- 
Mode  of  im-  tives  the  sole  power  of  impeachment.  The 
peachment.  steps  in  the  process  are  as  follows:  1.  A 
resolution  to  impeach,  naming  the  person  and  his 
office  and  the  offence.  2.  The  appointment  of  a  com- 
mittee, who  appear  before  the  senate,  and,  in  the  name 
of  the  house  of  representatives  and  the  people  of  the 
United  States,  make  the  impeachment,  and  demand 
that  the  accused  be  summoned  to  answer  the  charges. 
3.  The  appointment  of  a  committee  to  prepare  articles 


THE  POWERS   OF   CONGRESS.  275 

of  impeachment.  4.  The  appointment  of  a  committee 
of  managers  to  act  for  the  house  of  representatives  in 
the  trial. 

The  senate  has  the  sole  power  to  try  impeachments. 
When  sitting  for  that  purpose,  the  mem- 

,  .      ,  ,     ,      r  -  The  Trial. 

bers  are  required  to  be  on  oath  or  affirma- 
tion. When  the  president  of  the  United  States  is  tried, 
the  chief  justice  of  the  supreme  court  presides.  The 
senate  establishes  rules  to  govern  its  procedure.  The 
whole  house  of  representatives  appears  before  the  sen- 
ate, and  the  managers  present  the  articles  of  impeach- 
ment. A  day  is  fixed  for  the  trial,  and  then  the  pro- 
ceedings follow  as  in  a  court  of  justice.  After  the 
evidence  has  been  presented,  and  the  arguments  of  the 
managers  and  of  the  defendant's  counsel  have  been 
made,  each  senator  is  required  to  answer  "  Guilty,"  or 
"  Not  guilty,"  to  each  of  the  articles.  The  Constitution 
requires  for  conviction  the  concurrence  of  two-thirds 
of  the  senators  present. 

The  Constitution  provides  that  "judgment  in  cases 
of  impeachment  shall  not  extend  further 
than  to  removal  from  office,  and  disqualifi- 
cation to  hold  any  office  of  honor,  trust,  or  profit  under 
the  United  States ;  but  the  party  convicted  shall  never- 
theless be  liable  and  subject  to  indictment,  trial,  judg- 
ment and  punishment,  according  to  law."  Thus  a 
person  convicted  of  treason  by  the  senate  could,  in  con- 
sequence of  that  conviction,  only  be  removed  from  office, 
and  disqualified  from  future  office-holding  ;  but  he  might 
be  tried  for  the  same  offence  before  a  court  of  justice, 
and,  if  convicted,  be  sentenced  to  death. 


CHAPTER  XXX. 

THE  POWERS  AND  DUTIES  OF  THE  PRESIDENT. 
1.    AS  COMMANDER-IN-CHIEF. 

THE  president  is  commander-in-chief  of  the  army 
and  navy  of  the  United  States,  and  of  the  militia  of 
the  States  when  in  the  actual  service  of  the  United 
States.  In  the  exercise  of  this  power,  he  appoints  and 
removes  officers,  assigns  their  stations  and  duties,  and 
directs  the  movements  of  the  forces. 

2.  RESPECTING  PARDONS. 

He  has  power  to  grant  reprieves  and  pardons  for 
offences  against  the  United  States,  except  in  cases  of 
impeachment.  *A  reprieve  is  the  withdrawing  of  a 
sentence  for  an  interval  of  time,  thereby  delaying  exe- 
cution. 

3.  RESPECTING  TREATIES. 

He  has  power,  by  and  with  the  advice  and  consent 
Definition  of  °^  the  senate,  to  make  treaties,  provided 
Treaty.  two-thirds  of  the  senators  present  concar. 

A  treaty  is  a  compact  between  two  or  more  independ- 
ent nations,  with  a  view  to  the  public  welfare.     The 
principal   subjects   of   treaties  are   pea*3e, 
alliance,  territory,  boundaries,  the  settle- 

27C 


POWERS   AND   DUTIES   OF   THE  PRESIDENT.        277 

ment  of  claims,  redress  of  grievances,  commerce,  navi- 
gation, naturalization,  and  the  giving-up  of  fugitives 
from  justice.  Treaties  on  the  last  subject  are  called 
"  extradition  treaties." 

Treaties  are  usually  made  by  agents  representing  the 
two  governments,  the  agent  of  the  United 
States  being  under  the  direction  of  the 
president.  The  papers  are  then  laid  before  the  senate, 
and  discussed,  where  the  treaty  may  be  amended, 
accepted,  or  rejected.  Any  amendment  must  be  ac- 
cepted by  the  president  and  by  the  other  government. 
As  the  Constitution  declares  that  treaties,  as  well  as  the 
Constitution  itself,  are  the  supreme  law  of  the  land,  the 
making  of  treaties  is  both  legislative  and  executive 
business :  hence  the  propriety  of  investing  the  senate 
with  a  share  of  the  power. 


4.    RESPECTING  APPOINTMENTS. 

The  president  is  required  to  nominate,  and,  by  and 
with  the  advice  and  consent  of  the  senate,  Extent  of 

to  appoint,  ambassadors,  other  public  min-  Power, 

isters  and  consuls,  judges  of  the  supreme  court,  and  all 
other  officers  of  the  United  States  whose  appointment 
is  not  otherwise  provided  for  in  the  Constitution,  and 
which  are  established  by  law.  But  Congress  has  the 
power  to  vest  the  appointment  of  such  inferior  officers 
as  it  thinks  proper  in  the  president  alone,  in  the 
courts  of  law,  or  in  the  heads  of  departments. 

The  filling   of  an  office   by  the  president  includes 
four  steps  :  a  nomination  in  writing  by  the 
president,  a  vote  to  confirm  by  the  senate, 
the  appointment  by  the  president,  and  the  issuing  of  a 

24 


278    CIVIL  GOVERNMENT   IN   THE   UNITED   STATES. 

commission  signed  by  the  president,  and  sealed  with  the 
seal  of  the  United  States. 

The  power  of  removal  from  office  has  until  recently 

been  supposed  to  be  wholly  in  the  hands 
Removals.  ,,  , ,  -11  i 

of  the  president;  but  now  a  law  requires 

the  consent  of  the  senate  to  removals,  as  well  as  ap- 
pointments. During  a  recess  of  the  senate,  the  presi- 
dent may  suspend  an  officer,  except  a  judge  of  a 
United  States  Court,  until  the  end  of  the  next  session 
of  the  senate,  and  may  appoint  a  person  to  fill  the  tem- 
porary vacancy.  But,  within  thirty  days  after  the  com- 
mencement of  the  next  session  of  Congress,  he  must 
nominate  a  person  for  permanent  appointment. 

The  president  has  the  power  to  appoint  ambassadors 
Public  Minis-  and  other  public  ministers.  A  Minister  is 
ters-  a  person  sent  by  a  government  to  represent 

it  in  the  transaction  of  business  with  another  govern- 
ment. The  term  includes  officers  of  various  grades. 
They  are  called  diplomatic  agents.  It  is  customary  for 
civilized  nations  to  send  representatives  to  all  those  for- 
eign nations  with  whom  they  desire  to  maintain  friendly 
intercourse.  These  officers  usually  live  at  the  capital  of 
the  country  to  which  they  are  sent.  They  are  sup- 
ported by  their  own  government,  and  report  to  it  all 
matters  that  concern  its  interests.  Through  them  busi- 
ness is  transacted  and  courtesies  are  exchanged.  The 
United  States  sends  ministers  with  the  following  titles  : 
minister-plenipotentiary  and  envoy-extraordinary,  min- 
ister-resident, and  char ge-cC  affaires.  The  Constitution 
requires  the  president  to  receive  ambassadors  and  for- 
eign ministers. 

The  president  also  appoints  consuls.  A  consul  is  a 
commercial  agent  appointed  by  a  government  to  reside 


POWERS   AND  DUTIES   OF  THE  PRESIDENT.        279 

in  a  foreign  country,  and  attend  to  the  commercial  inter- 
ests of  his  nation.  He  is  not  a  diplomatic 

,  .  •  ,         11    i  Consuls, 

agent,  but  must  receive  a  permit,  called 

an  exequatur,  from  the  government  to  which  he  is  sent, 
before  he  can  exercise  the  functions  of  his  office.  This 
permit  may  be  revoked  at  any  time.  The  business  of 

the  consul  is  very  miscellaneous,  including 

.    .         -,     ,        , .  -I      i  Duties  of. 

receiving  declarations  made  by  seamen  or 

others  respecting  A  tnerican  commerce,  administering  on 
the  estates  of  Amei  (can  citizens  dying  within  their  con- 
sulate without  legal  representatives,  taking  charge  of 
stranded  American  vessels  in  the  absence  of  interested 
parties,  settling  disputes  between  masters  of  vessels  and 
the  crews,  providing  for  destitute  seamen,  and  sending 
them  to  the  United  States  at  the  public  expense.  Con- 
suls are  paid  by  salary  or  by  fees.  Both  are  fixed  by 
Congress. 

Among  the  officers  whose  appointment  is  by  law 
vested  in  the  president,  are  the  chief  offi-  Appointments 
cers  of  the  various  executive  departments,  by  Law. 
the  judges  of  the  various  United  States  courts,  district- 
attorneys  and  marshals,  executive  and  judicial  terri- 
torial officers,  some  postmasters,  the  more  important 
customs  and  excise  officers,  and  officers  of  the  army 
and  na"vy. 

The  senate  may  not  be  in  session  when  a  vacancy 
occurs  in  an  office  subject  to  the  appoint-  vacancies 
ment  of  the  president ;  and  delay  might  during  Recess, 
damage  public  interests.  The  president  has  the  power 
to  fill  all  such  vacancies  by  issuing  commissions  to  ex- 
pire at  the  end  of  the  next  session  of  the  senate.  Dur- 
ing the  session,  it  is  expected  that  he  will  nominate  a 
person  for  permanent  appointment. 


280    CIVIL  GOVERNMENT   IN   THE   UNITED   STATES. 


5.   RESPECTING  MESSAGES. 

The  president  is  required  to  give  to  Congress,  from 
time  to  time,  information  of  the  state  of  the  Union,  and 
to  recommend  such  measures  as  he  may  judge  neces- 
sary and  expedient.  Accordingly,  at  the  opening  of 
each  annual  session  of  Congress,  he  sends  a  message 
embodying  his  opinions  and  suggestions,  accompanied 
by  detailed  reports  of  all  branches  of  the  executive 
service.  These  department  reports  contain  a  vast 
amount  of  information  respecting  the  state  of  the  coun- 
try, its  resources,  and  the  progress  of  their  develop- 
ment. The  president  also  sends  messages  during  the 
sessions,  either  in  answer  to  calls  for  information,  or  at 
his  own  pleasure. 

EXECUTIVE  DEPARTMENTS. 

Besides  these  special  duties  that  have  been  con- 
sidered, the  president,  as  the  chief  executive  officer,  is 
required  to  see  that  all  laws  are  faithfully  executed. 
This  work  necessitates  the  employment  of  a  large 
number  of  subordinate  officers,  and  a  careful  distribu- 
tion of  functions.  All  the  executive  business  is  distrib- 
uted among  seven  departments  constituted  by  acts  of 
Congress.  The  chief  officers  of  these  are  as  follows  : 
Secretary  of  State,  Secretary  of  the  Treasury,  Secretary 
of  War,  Secretary  of  the  Navy,  Secretary 
of  the  Interior,  Postmaster-Genefal,  At- 
torney-General. These  officers  constitute  the  presi- 
dent's cabinet.  The  Constitution  gives  him  the  right 
to  require  their  opinion  in  writing  upon  any  subject  re- 
lating to  the  duties  of  their  respective  offices  ;  but  he  is 
not  bound  to  follow  their  advice,  nor  is  their  consent 


POWERS   AND   DUTIES   OF  THE  PRESIDENT.        281 

required  to  any  executive  measure.  The  cabinet  is  not 
a  limiting  body,  and  in  this  respect  differs  from  the 
executive  council  in  some  of  the  State  governments. 

DEPARTMENT   OF  STATE. 

The  functions  of  this  department  are  of  two  kinds ; 
those  relating  to  domestic  affairs,  and  those  relating  to 
the  foreign  relations  of  the  government.  The  depart- 
ment has  the  custody  of  the  seal  of  the  United  States, 
and  affixes  it  to  all  state  documents,  with  the  signature 
of  the  secretary.  It  has  the  keeping  of  the  laws  of 
the  United  States,  and  promulgates  them.  Through 
this  department  the  president  corresponds  with  and 
instructs  the  consuls  and  diplomatic  agents  of  the  gov- 
ernment, negotiates  with  foreign  nations,  and  receives 
communications  from  their  agents.  Passports  —  that 
is,  certificates  of  citizenship  —  are  issued  by  this  depart- 
ment to  persons  needing  them  for  the  purpose  of  for- 
eign travel. 

TREASURY    DEPARTMENT. 

This  department  has  charge  of  executive  business 
connected  with  the  finances  of  the  government.  It 
prepares  plans  for  the  management  of  the  public 
revenue,  and  the  improvement  of  the  public  credit ; 
makes  estimates  of  the  revenue  and  expenditures,  and 
suggests  ways  to  increase  the  former,  and  diminish  the 
latter ;  receives  and  disburses  all  moneys  coming  to  the 
government ;  superintends  the  collection  of  the  rev- 
enue. The  secretary  of  the  treasury  is  the  agent  of  the 
government  in  borrowing  money ;  and  the  various 
securities  issued  are  prepared  under  his  direction. 
This  department  also  has  charge  of  the  mints  of  the 
United  States,  of  the  coast  survey,  and  of  the  erection 

24* 


282    CIVIL  GOVERNMENT   IN   THE   UNITED  STATES. 

and  maintenance  of  light-houses  and  other  safeguards 
for  navigation.  It  attends  to  the  execution  of  all  laws 
relating  to  commerce  and  navigation. 

WAR   DEPARTMENT. 

Through  this  department  the  president  superintends 
all  business  relating  to  the  military  forces  of  the  United 
States.  It  has  charge  of  the  army  rolls  and  registers, 
of  military  equipments  and  supplies,  of  the  transporta- 
tion, pay,  and  subsistence  of  the  troops;  of  military 
hospitals,  arsenals,  and  armories ;  of  the  military  acad- 
emy, of  military  surveys,  and  of  the  signal  service  for 
the  preparation  and  publication  of  weather  reports. 
Through  it  all  orders  are  issued,  and  to  it  reports  are 
made  by  the  officers  in  the  different  branches  of  the 
service.  It  also  superintends  the  administration  of 
military  justice. 

NAVY    DEPARTMENT. 

This  department  has  the  general  charge  of  the  naval 
force  of  the  United  States.  It  superintends  the  pur- 
chase, building,  and  repair  of  vessels ;  has  the  care  of 
all  navy-yards  and  docks ;  provides  for  the  equipment 
of  vessels  and  crews,  and  for  the  clothing,  subsistence, 
health,  and  pay  of  officers  and  men ;  issues  all  orders, 
and  receives  reports  ;  has  charge  of  the  naval  academy, 
and  of  scientific  expeditions  to  foreign  countries. 

POST-OFFICE    DEPARTMENT. 

Through  this  department  all  laws  respecting  the 
postal  system  of  the  country  are  executed.  It  estab- 
lishes post-offices ;  selects  post  routes ;  makes  contracts 
for  postal  supplies,  and  for  carrying  the  mails ;  appoints 


POWERS  AND  DUTIES  OF  THE  PRESIDENT.         283 

most  of  the  postmasters,  directs  all,  and  receives  reports 
from  all;  provides  and  distributes  stamps,  envelopes, 
and  postal  cards ;  has  charge  of  the  money-order  system. 
The  postmaster-general  has  the  power  to  conclude  post- 
al conventions,  as  they  are  called,  by  which  the  postal 
communication  with  foreign  nations  is  regulated. 

DEPARTMENT    OF   THE  INTERIOR. 

The  business  of  this  department  is  more  miscellaneous 
than  that  of  any  other.  It  has  the  general  charge  and 
superintendence  of  public  lands  and  public  buildings, 
of  pensions,  of  patents,  of  Indian  affairs,  of  the  census, 
of  mines,  of  the  bureau  of  education,  which  collects  and 
disseminates  through  the  country  information  respect- 
ing public  education.  Each  of  these  divisions  is  in 
charge  of  a  commissioner. 

DEPARTMENT  OF  JUSTICE. 

At  the  head  of  this  department  is  the  Attorney- 
General.  He  conducts  suits  in  the  supreme  court  in 
which  the  United  States  is  a  party,  and  gives  legal 
advice,  when  requested,  to  the  president  and  Congress 
and  heads  of  departments.  The  subordinate  officers  are 
called  solicitors,  and  have  charge  of  legal  matters  grow- 
ing out  of  the  business  of  the  several  departments. 

DEPARTMENT  OF  AGRICULTURE. 

The  chief  officer  of  this  department  is  a  commis- 
sioner. He  is  not  a  member  of  the  cabinet.  The 
department  collects  and  publishes  information  respect- 
ing the  various  branches  of  agriculture.  It  seeks  to 
discover  new  and  improved  varieties  of  vegetable  prod- 
ucts, and  distributes  seeds  of  these  over  the  country. 


284    CIVIL  GOVERNMENT  IN   THE   UNITED   STATES. 
JUDICIAL  POWER   OF  THE  UNITED   STATES. 

The  Constitution  says  that  the  judicial  power  shall 
Extent  of  Juris-  extend  to  all  cases  in  law  and  equity  aris- 
diction.  jng  under  the  Constitution,  the  laws  of  the 

United  States,  and  treaties  made  under  the  authority 
of  the  United  States.  This  includes  civil  and  criminal 
cases. 

The  phrase  "  law  and  equity  "  refers  to  two  distinct 
Law  and  kinds  of  judicial  procedure.  The  first 

Equity.  includes  all  cases  that  can  be  settled  by 

the  direct  application  of  statutes  or  the  principles  of 
the  common  law.  Equity  jurisdiction  is  intended  to 
reach  a  large  class  of  cases  for  which  the  common-law 
courts  furnish  no  remedy.  The  two  differ  materially  in 
the  mode  of  proof  used,  and  the  modes  of  affording 
remedy. 

Three  classes  of  cases  are  spoken  of:  first,  those 
Classes  of  whose  settlement  depends  upon  an  inter- 

Cases,  pretation  of  some  provision  of  the  Consti- 

tution of  the  United  States ;  second,  those  which  arise 
from  violation  of  some  law  of  Congress;  third,  those 
which  arise  from  violation  of  some  treaty  stipulation 
between  the  United  States  and  a  foreign  nation. 

While  all  cases  arising  in  the  three  classes  just  men- 
Division  of  tioned  come  within  the  jurisdiction  of  the 
Jurisdiction.  courts  of  the  United  States,  the  Constitu- 
tion has  restricted  certain  kinds  of  cases  to  the 
supreme  court,  leaving  others  to  the  inferior  courts, 
or  to  be  begun  in  them  and  finished  in  the  supreme 
court. 

The  supreme  court  has  original  jurisdiction  in  two 
classes  of  cases  only,  —  those  affecting  ambassadors, 


POWERS   AND   DUTIES   OF  THE   PRESIDENT.       285 

other  public  ministers,  and  consuls ;  and  those  in  which 
a  State   is   a  party.      The  latter  include 

.       ,     ,  0,  Original  Juris- 

controversies  between  two  or  more  States ;    diction  of  Su- 
between  a  State,  and  citizens  of  another    PremeCourt- 
State ;  between  a  State,  and  foreign  nations,  citizens,  or 
subjects  ;  between  the  citizens  of  a  State,  and  foreign 
nations,  citizens,  or  subjects.     The  eleventh  amendment 
prohibits  any  suit  against  a  State  either  by  a  citizen  of 
another  State,  or  by  a  citizen  or  subject  of  a  foreign 
nation. 

The  supreme  court  has  appellate  jurisdiction  both  as 
to  law  and  fact,  with  such  exceptions  and  Appellate  Juris- 
under  such  regulations  as  Congress  shall  diction, 
make,  in  all  cases  of  admiralty  and  maritime  jurisdic- 
tion ;  in  controversies  in  which  the  United  States  is  a 
party ;  in  controversies  between  citizens  of  different 
States ;  in  controversies  between  citizens  of  the  same 
State  claiming  lands  under  grants  of  different  States. 

Admiralty  and  maritime  jurisdiction  includes  all  suits 
originating  on  the  high  seas,  such  as  those  Admiralty  and 
concerning  captures  by  naval  forces  in  Maritime  Cases, 
time  of  war,  and  those  growing  out  of  the  relations 
between  the  owners,  officers,  and  crews  of  vessels.  Of 
these  cases  the  district  and  circuit  courts  have  original 
jurisdiction ;  but  they  may  be  carried  to  the  supreme 
court  for  final  adjustment. 

The  supreme  court  may  not  only  re-examine  cases 
from  the  inferior  courts  of  the  United  States,  but  also 
from  the  State  courts  in  cases  which  involve  the  inter- 
pretation of  the  Constitution  or  laws  of  the  United 
States,  or  of  treaties  made  under  them. 


CHAPTER  XXXL 

PROVISIONS  RESPECTING  STATES. 
PROHIBITIONS  UPON  THE  STATES. 

THE  States  are  absolutely  forbidden  by  the  Constitu- 
Concerning  For-  ^on  ^°  en^er  into  any  treaty,  alliance,  or 
eign  Eolations,  confederation ;  or  to  grant  letters  of  marque 
and  reprisal ;  they  are  also  forbidden  to  keep  troops  or 
ships  of  war  in  time  of  peace,  without  the  consent  of 
Congress ;  nor  may  they  without  such  consent  enter  into 
any  agreement  or  compact  with  another  State  or  foreign 
power,  or  engage  in  war,  unless  actually  invaded,  or  in 
such  imminent  danger  as  will  not  admit  of  delay.  The 
States,  as  such,  have  no  relation  to  foreign  powers. 
They  assumed  this  as  a  fundamental  principle  of  their 
Union,  when  they  refused  to  treat  separately  with  Great 
Britain  just  before  the  war  for  independence.  During 
the  war,  the  Continental  Congress  represented  the 
United  States  in  their  intercourse  with  other  nations. 
Next,  the  same  powers  were  vested  in  the  Congress  of 
the  confederation  ;  and  now  the  principle  is  embodied  in 
the  Constitution.  If  each  State  were  free  to  engage  in 
war,  and  to  negotiate  privately  with  foreign  govern- 
ments, there  would  be  no  security  for  the  permanence 
of  the  Union,  or  for  the  continuance  of  the  liberties  of 
the  people.  The  States  must  stand  or  fall  together. 


PROVISIONS  RESPECTING  STATES.  287 

The  States  are  forbidden  to  coin  money,  to  emit  bills 
of  credit,  to  make  any  thing  but  gold  and     Concerning 
silver  coin  a  tender  in  payment  of  debts.     Commerce  and 

Commercial 

They  are  also  forbidden  to  lay  any  duty  of  interests, 
tonnage  without  the  consent  of  Congress  ;  nor  may  they 
lay  duties  on  imports  or  exports  except  for  special  pur- 
poses, and  under  the  control  of  Congress.  It  will  be 
remembered  that  the  immediate  cause  which  led  to  the 
formation  of  the  Constitution  was  the  trouble  arising 
from  State  legislation  respecting  commerce.  Inequality 
of  taxation  of  imports  produced  ill  feeling  between  the 
States,  and  checked  the  commercial  prosperity  of  all. 
Hence  the  propriety  of  giving  to  the  general  government 
exclusive  power  in  this  direction.  Tonnage  duties  — 
that  is,  charges  upon  vessels  in  proportion  to  their  carry- 
ing capacity  —  are  forbidden  for  the  same  reason.  These 
duties  are  not  now  levied  by  Congress.  The  general 
government,  too,  has  exclusive  control  of  the  currency, 
Corporations  within  the  States,  as  banks,  have  been 
allowed  to  issue  bills  of  credit,  that  is,  notes  designed 
to  circulate  as  money ;  but  these  were  not  legal  tender, 
and  the  holders  might  at  any  time  demand  gold  or 
silver  coin  for  them. 

The  States  are  forbidden  to  pass  any  law  impairing 
the  obligation  of  contracts.  In  the  days  concerning  Pri- 
of  the  Roman  republic,  the  State  repeat-  vate  Bights, 
edly  made  general  laws  for  the  relief  of  debtors,  freeing 
them  entirely  or  partly  from  their  obligations.  Such 
laws,  and  all  involving  the  same  principle,  are  forbid- 
den. No  State  may  pass  any  bill  of  attainder,  or  ex 
post  facto  law.  Congress  is  also  forbidden  to  pass  such 
laws.  The  phrase,  '*  bill  of  attainder,"  refers  to  those 
features  of  English  law  by  which  persons  convicted  of 


288    CIVIL  GOVERNMENT  IN  THE  UNITED  STATES. 

treason  suffer  forfeiture  of  property,  and  lose  the  power 
to  transmit  to  their  descendants,  so  that  the  children 
suffer  with  the  parent.  An  ex  post  facto  law  is  a  law 
made  to  punish  acts  previously  committed,  and  which 
were  not  punishable,  or  not  punishable  in  the  same 
manner,  by  any  preceding  law. 

The  fourteenth  and  fifteenth  amendments  to  the  Con- 
Concerning  stitution  lay  certain  prohibitions  upon  the 
Freedmen.  States,  designed  especially  to  protect  the 
colored  people  who  have  become  citizens  by  the  aboli- 
tion of  slavery.  No  State  may  make  or  enforce  any  law 
which  shall  abridge  the  privileges  or  immunities  of  citi- 
zens of  the  United  States ;  nor  may  any  State  deprive 
any  person  of  life,  liberty,  or  property  without  due 
process  of  law,  nor  deny  to  any  person  within  its  juris- 
diction the  equal  protection  of  its  la.ws.  No  State  may 
deny  or  abridge  the  right  of  any  citizen  of  the  United 
States  to  vote,  on  account  of  race,  color,  or  previous 
condition  of  servitude. 

PROTECTION  OF  STATE  BIGHTS. 

In  the  clause  giving  to  Congress  power  to  admit  new 
States  into  the  Union,  it  is  declared  that  no  new  State 
may  be  formed  within  the  jurisdiction  of  another  State, 
nor  any  State  be  formed  by  the  junction  of  two  or 
more  States  or  parts  of  States,  without  the  consent  of 
the  legislatures  of  the  States  concerned,  as  well  as  of 
Congress.  By  this  provision,  the  States  secure  their 
continued  existence  as  distinct  individuals.  But  it 
makes  division  possible,  as  in  the  separation  of  Maine 
from  Massachusetts,  and  of  West  Virginia  from  Vir- 
ginia. When  the  Constitution  was  formed,  the  small 
States  were  induced  to  accept  it  by  giving  them  equal 


PROVISIONS  RESPECTING  STATES.  289 

power  in  the  senate  with  the  large  ones.  To  insure 
the  safety  of  these  States,  it  is  provided,  that  no  amend- 
ment shall  ever  be  made  by  which  this  equal  suf- 
frage shall  be  taken  away  from  any  State  without  its 
consent.  To  prevent  inequality  in  the  treatment  of 
the  States  by  the  general  government,  it  is  provided, 
that  no  tax  or  duty  may  be  laid  on  articles  exported 
from  any  State ;  no  preference  may  be  given  by  any 
regulation  of  commerce  or  revenue  to  the  ports  of  one 
State  over  -those  of  another ;  nor  may  vessels  engaged 
in  commerce  between  the  States  be  made  to  pay  the 
usual  charges  for  entrance  and  departure  to  which 
vessels  engaged  in  foreign  commerce  are  subject. 

RELATION  OF  STATES  TO  EACH  OTHER. 

The  preservation  of  the  Union  depends  upon  the 
mutual  good  feeling  existing  among  the 
States.  Nothing  but  complete  equality 
can  prevent  jealousies  and  quarrels.  Any  assumption 
of  superiority  by  any  State  would  speedily  provoke 
a  spirit  hostile  to  union.  The  Constitution  guards 
against  this  by  two  or  three  declarations.  First,  every 
State  must  give  full  faith  and  credit  to  the  public  acts, 
records,  and  judicial  proceedings  of  every  other  State. 
It  cannot  question  the  authority  under  which  they  are 
made  ;  and  it  must  give  them  full  weight  as  prece- 
dents for  judgment. 

The  citizens  of  each  State  are  entitled  to  all  the  privi- 
leges and  immunities  of  citizens  in  every 
other  State.     Thus  the  unity  of  the  peo- 
ple is  promoted.     Any  person  who  can  claim  protection 
of  person  and  property,   transact  business,  vote,  and 
hold  office,  in  one  State,  may  do  all  these  in  any  other 


290    CIVIL  GOVERNMENT  IN  THE  UNITED   STATES. 

State,  without  those  conditions  and  limitations  to 
which  aliens  might  be  subjected. 

Any  person  charged  with  crime  in  one  State,  and 
3.  Fugitives  escaping  to  another,  must  be  delivered  up 
from  Justice.  on  demand  of  the  executive  of  the  State 
from  which  he  has  fled.  There  is  nothing  that  com- 
pels an  independent  nation  to  deliver  up  criminals 
who  have  taken  refuge  within  its  territory.  Mention 
has  already  been  made  of  the  extradition  treaties 
by  which  the  United  States  has  agreed  with  most  of 
the  leading  nations  for  a  mutual  giving-up  of  fugitives 
from  justice.  If  criminals  could  escape  justice  by 
passing  from  one  State  of  the  Union  to  another,  there 
would  be  an  end  to  justice  in  these  days  of  easy  com- 
munication ;  and  this  would  be  another  fruitful  source 
of  mutual  ill  feeling. 

There  is  another  provision  in  this  connection,  which 
Fugitives  from  shows  the  spirit  of  concession  and  corn- 
Service,  promise  which  actuated  the  people  at  the 
time  of  the  adoption  of  the  Constitution.  The  Constitu- 
tion requires  that  persons  held  to  service  or  labor  under 
the  laws  of  one  State,  and  escaping  into  another,  shall 
not  be  released  from  such  service  ;  but  shall  be  delivered 
up  to  the  party  claiming  the  service.  Slaves  escaping 
from  their  masters  into  a  non-slaveholding  State  could 
not  become  free  thereby,  but  were  liable,  if  discovered, 
to  be  sent  back  to  their  servitude.  Though  this  was 
repugnant  to  the  feelings  of  the  people  of  some  of  the 
States,  they  accepted  what  seemed  at  the  time  a  lesser 
evil,  for  the  sake  of  securing  the  union  they  so  much 
needed.  It  is  a  significant  fact,  that  the  word  "  slave  " 
is  nowhere  used  in  the  Constitution  as  originally 
adopted.  While  they  tolerated  the  system,  the  framers 


PROTECTION   OF   PRIVATE   RIGHTS.  291 

of  the  Constitution  had  too  much  regard  for  consistency, 
to  use  the  word  in  a  document  based  on  the  principles 
of  liberty  and  justice. 

PROVISIONS   TO  PROTECT  PRIVATE  RIGHTS. 

The  chief  safeguard  of  the  people  against  oppression 
by  the  national  government  is  contained 
in  the  provision  that  the  privilege  of  the 
writ  of  habeas  corpus  shall  not  be  suspended,  unless,  in 
cases  of  rebellion  or  invasion,  the  public  safety  may 
require  it.  The  Constitution  does  not  declare  who  shall 
be  the  judge  of  the  necessity  of  suspending  the  privi- 
lege. In  1863  Congress  authorized  the  president  to 
suspend  the  privilege  of  the  writ  throughout  the  whole 
or  any  part  of  the  United  States,  whenever  in  his  judg- 
ment the  public  safety  might  require  it.  Accordingly 
it  was,  by  proclamation,  suspended  in  some  of  the 
States.  But,  when  the  emergency  had  passed,  the  right 
was  promptly  restored  :  military  rule  ceased  ;  municipal 
law  became  again  supreme,  and  free  to  act  through  the 
ordinary  channels  of  judicial  procedure.  This,  more 
than  the  successful  prosecution  of  the  war,  was  the 
grand  triumph  of  the  government ;  for,  though  it  may 
be  easy  for  a  government  to  acquire  power,  it  is  not  so 
easy  to  give  it  up. 

The  Declaration  of  Independence  had  stated  as  a 
self-evident  truth,  that  all  men  are  created  fitiQB  Of  Nobil- 
equal.  Any  artificial  division  of  the  peo-  ^7- 
pie  into  classes  would  be  contrary  to  the  fundamental 
principle  of  the  government.  Hence  the  Constitution 
declares  that  no  title  of  nobility  shall  be  granted  by  the 
United  States  or  by  any  State.  The  Constitution  also 
forbids  any  officer  of  the  United  States  accepting  any 


292     CIVIL  GOVERNMENT  IN   THE   UNITED   STATES. 

present,  emolument,  office,  or  title,  of  any  kind  what- 
ever, from  any  king,  prince,  or  foreign  state  without 
the  consent  of  Congress.  Presents  have  been  made  by 
foreign  sovereigns  to  some  of  the  presidents  of  the 
United  States;  but  they  have  been  received  officially 
rather  than  personally,  and  are  preserved  as  public 
property  at  the  seat  of  government.  Congress  fre- 
quently grants  permission  to  officers  to  accept  gifts 
from  foreign  governments. 

Another  private  right  that  has  always  been  dear  to 
the  American  people  is  trial  by  jury.   This 
y  ury*     is  guaranteed  by  the  Constitution  itself  in 
criminal  cases  ;  and  by  one  of  the  amendments  it  is  also 
secured  in  civil  suits  when  the  value   in   controversy 
exceeds  twenty  dollars.     The  trial  is  to  be  held  in  the 
State  and  district  where  the  crime  is  committed.     If 
not  committed  in  any  State,  Congress  by  law  deter- 
mines where  the  trial  shall  be  held. 

The  people  of  the  States,  in  forming  their  own  consti- 
tutions, were  careful  to  provide  for  all 
those  civil  and  political  rights  for  which 
their  fathers  had  struggled  in  England,  and  which  had 
been  denied  them  by  the  British  Government.  They 
knew  their  worth  because  they  knew  what  they  had 
cost.  When  the  Constitution  was  presented  to  them 
for  ratification,  without  any  declaration  of  these  rights, 
they  naturally  hesitated,  lest  they  should  by  their  own 
act  create  a  power  that  might  oppress  them.  Hence, 
with  their  ratification,  they  presented  articles  of  amend- 
ment to  supply  the  defect.  These  have  been  noticed 
in  a  preceding  section. 


CHAPTER  XXXII. 

RELATION  OF  NATIONAL  AND  STATE  GOVERNMENTS. 

IN  the  first  part  of  this  book  it  was  said,  that  a  state 
is  a  whole  body  of  people  ;  that  a  govern-  source  of  Au- 
ment  is  a  part  of  that  whole  body ;  that  thority. 
authority  to  govern  is  in  the  state ;  that  this  authority 
is  delegated  to  the  government  by  the  state,  under  con- 
ditions and  limitations ;  that  the  form  of  the  govern- 
ment, and  the  extent  of  its  powers,  are  determined  by 
the  state  ;  that  the  state  may  withdraw  its  grant  of 
powers  in  part  or  wholly,  and  may  delegate  again  to 
the  same  organization  or  to  a  new  one.  These  are 
fundamental  principles.  In  considering  the  relative 
authority  of  the  national  and  state  governments,  we 
have  to  inquire  for  the  people  by  whom  this  authority 
is  delegated  in  each  case,  and  notice  their  condition 
before  these  governments  were  organized. 

Previous  to  independence,  the  people  of  the  thirteen 
English  colonies  in  America  held  two  distinct  political 
relations,  —  one  national,  the  other  local.  They  all 
,Aalike  belonged  to  the  British  nation :  its  authority,  as 
vested  in  the  king  and  parliament,  was  supreme.  This 
relation  they  held  in  common.  As  subjects  of  Great 
Britain  they  were  one  people. 

In  another  respect  they  were  distinct.      That  the 

33*  298 


294    CIVIL  GOVERNMENT  IN  THE  UNITED   STATES. 

functions  of  local  government  should  be  exercised 
directly  by  the  people  most  concerned,  had  always  been 
a  cherished  idea  of  the  Anglo-Saxon  people.  In  accord- 
ance with  this  idea,  the  people  founding  the  different 
colonies  had  claimed  the  right  of  local  self-government. 
The  king  had  so  far  yielded  to  this  claim  as  to  establish 
separate  organizations,  in  which  the  people  had  more  or 
less  power.  Thus  the  people  of  the  colonies  were  one 
in  their  relation  to  the  king,  and  separate  in  their  local 
organizations. 

During  the  war  for  independence,  these  two  relations 
of  oneness  and  diversity  continued,  but  with  this 
change.  The  people  of  the  different  colonies  created 
permanent  organizations  for  local  government,  by  form- 
ing their  several  State  constitutions.  The  one  people 
of  all  the  colonies  established  the  Continental  Congress 
for  such  general  purposes  as  seemed  necessary,  but 
made  at  first  no  complete  and  permanent  organization. 
As  soon  as  more  pressing  necessities  had  been  met,  they 
established  the  confederation  as  a  national  government, 
leaving  the  local  organizations  as  they  were.  But  they 
found  by  short  experience,  that  they  had  given  to  the 
national  government  too  little  power,  and  had  left  to 
the  local  governments  too  much.  Hence  the  new 
organization  under  the  Constitution. 

The  Constitution  was  made  by  the  same  people  that 
formed  the  confederation.  They  were  one  under  Brit- 
ish rule,  one  in  the  war  for  independence,  one  under 
the  confederation,  and  the  same  one  under  the  Constitu- 
tion. The  government  organized  by  the  Constitution 
received  its  authority  from  this  one  people.  It  was 
optional  with  this  people  to  give  up  its  oneness,  to 
establish  no  national  government,  to  separate  itself  into 


NATIONAL  AND  STATE  GOVERNMENTS.  295 

thirteen  distinct  and  independent  states,  each  with  all 
the  powers  of  such.  It  was  also  optional  to  vest  all  the 
functions  in  the  national  government,  giving  to  it  the 
power  to  provide  for  local  administration.  The  first 
course  would  have  been  political  suicide  ;  the  second 
would  have  been  to  throw  away  what  had  been  a  sacred 
birthright  of  their  fathers,  cherished  through  a  history 
of  a  thousand  years.  They  chose  neither  of  these  two 
courses,  but  organized  a  national  government  for 
national  purposes,  and  allowed  the  local  governments 
to  exist  with  purely  local  functions.  This  idea  is 
expressed  in  the  article  which  says,  "  The  powers  not 
delegated  to  the  United  States  by  the  Constitution,  nor 
prohibited  by  it  to  the  States,  are  reserved  to  the  States 
respectively,  or  to  the  people." 

The  national  government,  therefore,  receives  its 
authority  from  the  whole  people  of  all  the  States.  The 
State  governments  exercise  what  authority  the  same 
people  has  suffered  them  to  retain. 

The  relation  of  the  national  and  State  governments 
to  each  other  is  further  sjiown  in  the  Functions  of 
nature  of  the  functions  of  each.  So  long  Eacn< 
as  the  American  people  were  a  part  of  the  British 
nation,  they  held  no  relations  to  foreign  nations. 
France  knew  them  only  as  British  subjects ;  and  if  she 
had  declarations  of  war  to  make,  or  treaties  of  peace  to 
negotiate,  she  dealt  with  the  government  of  Great 
Britain.  She  went  to  headquarters. 

But  when,  at  the  beginning  of  the  revolution,  the  Con- 
tinental Congress  addressed  the  people  of  Great  Britain 
in  the  name  of  the  American  people,  and  uttered  the 
Declaration  of  Independence  in  the  name  of  the  people 
of  the  united  colonies,  France  recognized  a  new  nation ; 


296     CIVIL  GOVEBNMENT   IN   THE   UNITED   STATES. 

not  Massachusetts,  nor  Virginia,  but  the  American 
people.  The  States  as  such  have  never  sought  to  be 
known  by  foreign  nations,  but  have  always  been 
merged  in  the  one  people  of  the  United  States. 

Hence  the  national  government  possesses  all  those 
functions  which  grow  out  of  international  relations. 
War  and  peace,  commerce  and  navigation,  all  inter- 
course with  other  nations  —  these  are  wholly  and  exclu- 
sively in  the  hands  of  the  national  government.  They 
were  not  withdrawn  from  the  State  governments.  The 
State  governments  had  never  possessed  them,  and  had 
never  claimed  them.  They  were  powers  wrested  from 
Great  Britain  by  the  blood  and  treasure  of  the  one 
American  people  for  itself,  and  not  by  or  for  the 
individual  States  as  such. 

The  care  and  disposal  of  the  unoccupied  territory  of 
the  colonies  is  another  function  of  the  national  govern- 
ment, resting  on  the  same  basis  as  those  just  mentioned. 
This  territory  had  been  acquired  by  the  sacrifices  of  the 
whole  people  ;  and  for  this  reason  they  claimed  it. 

Beside  these  functions  growing  out  of  external  rela- 
tions, the  national  government  has  to  do  with  every 
thing  which  concerns  the  nation  as  a  whole  ;  such  as  the 
coining  of  money,  the  maintenance  of  postal  communi- 
cation, the  issuing  of  patents.  Superadded  to  all  these 
it  has  the  grand  attribute  of  sovereignty,  —  unlimited 
power  of  taxation.  This  it  exercises  not  through  the 
state  governments,  as  formerly,  but  directly,  by  its  own 
officers,  it  brings  its  authority  to  bear  upon  the  whole 
people.  The  national  purse  gives  efficacy  to  the  nation- 
al sword ;  and  thus  two  objects  of  the  Constitution  are 
attained, —  the  common  defence,  and  domestic  tran- 
quillity. 


NATIONAL   AND   STATE   GOVERNMENTS.  297 

A  glance  at  the  functions  left  for  the  State  govern^ 
ments  to  exercise  shows  them  to  be  purely  local,  as  they 
have  always  been.  Their  object  is  to  secure  personal 
rights,  to  provide  for  the  safety  and  happiness  of  the 
individuals  of  the  community,  to  protect  men  from  their 
neighbors.  Public  education,  public  health,  public 
morals,  the  detection  and  punishment  of  crime,  care  of 
local  industries  and  interests  —  these  are  some  of  the 
subjepts  over  which  the  State  governments  have  abso- 
lute control.  The  people  resisted  all  attempts  of  the 
British  Government  to  interfere  with  these  functions. 
They  never  delegated  them  to  any  of  the  national  or- 
ganizations. If  the  time  ever  comes  when  the  people 
do  not  look  with  jealousy  upon  any  attempt  to  centralize 
these  functions,  and  resist  steadfastly  all  tendencies  in 
this  direction,  that  will  be  the  time  of  the  nation's 
greatest  peril.  Guizot  says,  "  The  preponderance  of 
local  liberties  belongs  to  the  infancy  of  societies.  Civili- 
zation incessantly  tends  to  carry  power  still  higher. 
But  frequently  also,  as  it  ascends,  power  forgets  its  ori- 
gin and  final  destiny  ;  it  forgets  that  it  was  founded  to 
maintain  all  rights,  to  respect  all  liberties ;  and,  meeting 
with  no  further  obstacle  from  the  energy  of  local  liber- 
ties, it  becomes  transformed  into  despotism."  In  our 
effort  to  maintain  the  wholeness  of  the  nation,  we  must 
avoid  weakening  this  "  energy  of  local  liberties."  To 
preserve  both  in  their  just  relation,  is  the  care  of  Ameri- 
can citizens,  and  the  mission  of  American  statesmen. 

It  might  be  inferred,  from  the  source  of  its  authority 
and  the  nature  of  its  functions,  that  the     national  Su- 
national  government  would   be   supreme     premacy. 
within  its  sphere.     It  must  be  this,  or  nothing.     But 
this  supremacy  is  declared  forcibly  in  the  Constitution 


298    CIVIL  GOVERNMENT   IN   THE  UNITED   STATES. 

itself.  "  This  Constitution,  and  the  laws  of  the  United 
States  which  shall  be  made  in  pursuance  thereof,  and 
all  treaties  made  or  which  shall  be  made  under  the 
authority  of  the  United  States,  shall  be  the  supreme 
law  of  the  land ;  and  the  judges  in  every  State  shall  be 
bound  thereby :  any  thing  in  the  constitution  or  laws  of 
any  State  to  the  contrary  notwithstanding."  No  local 
body  of  law-makers  can  set  aside  any  expression  of  the 
will  of  the  whole  people.  More  than  this :  the  repre- 
sentatives of  the  States  in  Congress,  the  members  of  the 
State  legislatures,  and  all  executive  and  judicial  officers 
of  the  States,  are  bound  by  oath  or  affirmation  to  support 
the  Constitution  of  the  United  States.  In  the  exercise 
of  their  several  functions,  they  are  to  maintain  and 
strengthen  the  authority  of  the  national  government,  as 
well  as  to  preserve  the  local  liberties.  There  need  be 
no  conflict  between  the  national  and  the  State  author- 
ity ;  there  ought  to  be  none.  But,  if  there  should  be, 
the  supreme  obligation  of  every  citizen,  as  well  as  of 
every  officer,  is  apparent.  His  highest  allegiance  is 
due  to  the  government  of  the  nation  as  much  as  if  there 
were  no  local  organizations. 

Many  men  excused  themselves  for  taking  part  in  the 
Rebellion,  on  the  ground  that  their  first  duty  was  to 
their  State,  and  that  the  State  could  by  the  vote  of  a 
convention  annul  the  obligation  of  its  people  to  the 
national  government.  This  cannot  be  true.  When  an 
alien  is  naturalized,  he  takes  an  oath  of  allegiance  to  the 
United  States,  not  to  a  State.  The  greater  includes  the 
less.  A  native  citizen  can  hold  no  different  relation ; 
and  to  disavow  one's  allegiance  to  the  national  govern- 
ment is  treason,  no  matter  how  many  unite  in  the  act. 

These    considerations  throw  light  upon  the  nature 


NATIONAL  AND   STATE   GOVERNMENTS.  299 

of  the  act  called  secession.  It  has  been  claimed,  that  the 
several  States  as  such  ratified  the  Constitution ;  that 
thereby  a  voluntary  union  of  States  was  formed,  from 
which  any  of  those  States  might  at  any  time  withdraw. 
In  accordance  with  this  idea,  conventions  in  the  South- 
ern States  passed  acts  repealing  the  original  act  by 
which  the  people  ratified  the  Constitution  of  the  United 
States.  They  claimed  that  by  so  doing  they  might 
assume  again  that  independent  and  complete  sove- 
reignty that  they  yielded  when  they  joined  the  Union. 
But  just  at  this  point  is  a  fallacy  that  is  fatal.  The 
States  as  such  never  had  an  independent  and  complete 
sovereignty.  The  Union  was  not  formed  by  ratifying 
the  Constitution.  It  began  as  soon  as  two  colonies 
existed  to  be  united  as  subjects  of  Great  Britain.  It 
began  formally  as  an  American  Union  on  the  20th  of 
October,  1774,  when  the  members  of  the  Continental 
Congress,  in  the  name  of  the  people  of  the  colonies, 
formed  the  association  for  the  non-importation  and 
non-consumption  of  British  merchandise.  From  that 
time  to  this  the  question  has  never  been  asked  if  the 
States  would  have  a  union,  but  only  how  it  should  be 
organized.  When  the  several  States  ratified  the  articles 
of  confederation,  and  the  Constitution,  they  thereby 
assented  to  the  form,  not  to  the  fact  of  union.  Hence, 
for  the  people  of  any  State  to  withdraw  their  alle- 
giance from  the  national  government,  is  to  do  just 
what  the  people  of  all  the  States  did  in  making  the 
Declaration  of  Independence.  Secession  is  Rebellion. 
It  may  be  justifiable,  or  not,  on  the  same  grounds  that 
may  justify  any  other  rebellion ;  but  it  can  never  be 
legal.  There  is  nowhere  in  the  history  or  constitution 
of  the  nation  or  of  the  States  any  provision  for  a 


300    CIVIL  GOVERNMENT   IN   THE  UNITED  STATES. 

peaceable  dissolution  of  the  Union.  That  can  never  be 
any  thing  but  an  act  of  violence. 

The  national  government,  as  well  as  the  whole  people, 
National  Pro-  is  pledged  to  maintain  the  authority  of  the 
tection.  State  governments.  The  Constitution  re- 

quires the  United  States  to  guarantee  to  every  State  a 
republican  form  of  government,  and  to  protect  each 
from  invasion  and  domestic  insurrection.  Just  what  is 
meant  by  a  republican  form  of  government  is  not  stated ; 
but  probably  the  form  of  the  national  government  was 
considered  republican.  The  two  chief  characteristics 
of  such  a  government  are,  that  it  is  from  the  people,  and 
ly  the  people  ;  that  is,  the  Constitution  is  ordained  by  a 
majority  of  the  people,  and  the  government  is  actually 
administered  by  persons  chosen  by  the  majority  in  a 
constitutional  way.  If  by  fraud  or  violence  the  power 
in  any  State  should  be  usurped  by  a  single  individual, 
or  by  a  faction,  it  would  be  the  duty  of  the  national 
government  to  furnish  to  the  majority  of  the  people  all 
needed  assistance  in  regaining  their  rightful  authority. 

If  the  government  of  the  State  cannot  maintain  itself, 
the  legislature,  or,  if  that  body  is  not  in  session,  the 
executive,  may  make  application  to  the  national  gov- 
ernment for  aid.  If  Congress  should  not  be  in  session 
at  the  time,  the  president  would  be  required  to  judge 
of  the  emergency,  and  to  take  such  measures  as  he 
might  think  best.  At  different  times  the  United  States 
has  been  called  upon  thus  to  protect  the  State  govern- 
ments from  domestic  violence. 

This  is  one  of  the  most  delicate  and  dangerous  duties 
of  the  national  executive,  especially  if  the  disturbance 
has  arisen  from  the  conflict  of  political  parties.  There 
is  a  jealousy  of  national  interference  in  State  affairs, 


NATIONAL  AND   STATE  GOVERNMENTS.  301 

that  within  certain  limits,  as  has  been  shown ,  is  health- 
ful ;  but  beyond  these  limits  it  would  leave  the  people 
of  the  States  at  the  mercy  of  any  demagogue  who  could 
acquire  a  temporary  power.  But  the  right  and  the 
duty  of  the  national  government  are  unmistakable. 
Whenever  any  portion  of  the  people  of  any  State  are 
unjustly  deprived  of  their  political  rights,  the  whole 
people  of  the  Union  are  bound  to  reinstate  them.  The 
safety  of  the  whole  Republic  requires  the  republicanism 
of  every  part. 

But  this  does  not  imply  that  the  United  States  gov- 
ernment shall  interfere  in  every  political  quarrel  by 
which  the  quiet  of  any  State  may  be  disturbed.  This 
would  belittle  its  character,  and  weaken  its  influence.. 
The  people  of  the  States  should  be  left  to  settle  these 
disputes  for  themselves  until  the  local  authority  is  ex- 
hausted, and  the  general  good  requires  national  inter- 
ference. 

M 


APPENDIX. 


THE  DECLARATION  OF  INDEPENDENCE. 

A     DECLARATION     BY    THE     REPRESENTATIVES    OP     THE    UNITED 
STATES   OF  AMERICA,  IN   CONGRESS   ASSEMBLED. 

WHEN,  in  the  course  of  human  events,  it  becomes  necessary  for 
one  people  to  dissolve  the  political  bands  which  have  connected 
them  with  another,  and  to  assume,  among  the  powers  of  the  earth, 
the  separate  and  equal  station  to  which  the  laws  of  nature  and  of 
nature's  God  entitle  them,  a  decent  respect  to  the  opinions  of  man- 
kind requires  that  they  should  declare  the  causes  which  impel  them 
to  the  separation. 

We  hold  these  truths  to  be  self-evident .  that  all  men  are  created 
equal ;  that  they  are  endowed  by  their  Creator  with  certain  unalien- 
able  rights ;  that  among  these  are  life,  liberty,  and  the  pursuit  of 
happiness  ;  that,  to  secure  these  rights,  governments  are  instituted 
among  men,  deriving  their  just  powers  from  the  consent  of  the 
governed ;  that,  whenever  any  form  of  government  becomes 
destructive  of  these  ends,  it  is  the  right  of  the  people  to  alter  or  to 
abolish  it,  and  to  institute  a  new  government,  laying  its  founda- 
tion on  such  principles,  and  organizing  its  powers  in  such  form,  as 
to  them  shall  seem  most  likely  to  effect  their  safety  and  happiness. 
Prudence,  indeed,  will  dictate  that  governments  long  established 
should  not  be  changed  for  light  and  transient  causes  ;  and  accord- 
ingly all  experience  hath  shown  that  mankind  are  more  disposed 
to  suffer,  while  evils  are  sufferable,  than  to  right  themselves  by 
abolishing  the  forms  to  which  they  are  accustomed.  But  when  a 
long  train  of  abuses  and  usurpations,  pursuing  invariably  the  same 
object,  evinces  a  design  to  reduce  them  under  absolute  despotism,  it 

302 


THE   DECLARATION  OF  INDEPENDENCE.          303 

is  their  right,  it  is  their  duty,  to  throw  off  such  government,  and 
to  provide  new  guards  for  their  future  security.  Such  has  been 
the  patient  sufferance  of  these  colonies ;  and  such  is  now  the  neces- 
sity which  constrains  them  to  alter  their  former  systems  of  govern- 
ment. The  history  of  the  present  king  of  Great  Britain  is  a 
history  of  repeated  injuries  and  usurpations,  all  having,  in  direct 
object,  the  establishment  of  an  absolute  tyranny  over  these  States. 
To  prove  this,  let  facts  be  submitted  to  a  candid  world :  — 

He  has  refused  his  assent  to  laws  the  most  wholesome  and  neces- 
sary for  the  public  good. 

He  has  forbidden  his  governors  to  pass  laws  of  immediate  and 
pressing  importance,  unless  suspended  in  their  operations  till  his 
assent  should  be  obtained ;  and,  when  so  suspended,  he  has  utterly 
neglected  to  attend  to  them. 

He  has  refused  to  pass  other  laws  for  the  accommodation  of 
large  districts  of  people,  unless  those  people  would  relinquish  the 
right  of  representation  in  the  legislature ;  a  right  inestimable  to 
them,  and  formidable  to  tyrants  only. 

He  has  called  together  legislative  bodies  at  places  unusual, 
uncomfortable,  and  distant  from  the  depository  of  their  public 
records,  for  the  sole  purpose  of  fatiguing  them  into  compliance 
with  his  measures. 

He  has  dissolved  representative  houses  repeatedly,  for  opposing, 
with  manly  firmness,  his  invasions  on  the  rights  of  the  people. 

He  has  refused,  for  a  long  time  after  such  dissolutions,  to  cause 
others  to  be  elected ;  whereby  the  legislative  powers,  incapable  of 
annihilation,  have  returned  to  the  people  at  large  for  their  exer- 
cise; the  State  remaining,  in  the  mean  time,  exposed  to  all  the 
dangers  of  invasion  from  without,  and  convulsions  within. 

He  has  endeavored  to  prevent  the  population  of  these  States  ;  for 
that  purpose,  obstructing  the  laws  for  the  naturalization  of  for- 
eigners, refusing  to  pass  others  to  encourage  their  migration 
hither,  and  raising  the  conditions  of  new  appropriations  of  lands. 

He  has  obstructed  the  administration  of  justice,  by  refusing  his 
assent  to  laws  for  establishing  judiciary  powers. 

He  has  made  j  udges  dependent  on  his  will  alone  for  the  tenure 
of  their  offices,  and  the  amount  and  payment  of  their  salaries. 

He  has  erected  a  multitude  of  new  offices,  and  sent  hither 
swarms  of  officers  to  harass  our  people,  and  eat  out  their  sub- 
stance. 


304     CIVIL  GOVERNMENT  IN  THE   UNITED   STATES. 

He  has  kept  among  us,  in  times  of  peace,  standing  armies,  with- 
out the  consent  of  our  legislature. 

He  has  affected  to  render  the  military  independent  of,  and 
superior  to,  the  civil  power. 

He  has  combined,  with  others,  to  subject  us  to  a  jurisdiction 
foreign  to  our  constitution,* and  unacknowledged  by  our  laws; 
giving  his  assent  to  their  acts  of  pretended  legislation  :  — 

For  quartering  large  bodies  of  armed  troops  among  us  ; 

For  protecting  them,  by  a  mock  trial,  from  punishment  for  any 
murders  which  they  should  commit  on  the  inhabitants  of  these 
States ; 

For  cutting  off  our  trade  with  all  parts  of  the  world; 

For  imposing  taxes  on  us  without  our  consent; 

For  depriving  us,  in  many  cases,  of  the  benefits  of  trial  by  jury; 

For  transporting  us  beyond  seas  to  be  tried  for  pretended 
offences; 

For  abolishing  the  free  system  of  English  laws  in  a  neighboring 
province,  establishing  therein  an  arbitrary  government,  and  en- 
larging its  boundaries,  so  as  to  render  it  at  once  an  example  and 
fit  instrument  for  introducing  the  same  absolute  rule  into  these 
colonies; 

For  taking  away  our  charters,  abolishing  our  most  valuable 
laws,  and  altering,  fundamentally,  the  forms  of  our  governments; 

For  suspending  our  own  legislatures,  and  declaring  themselves 
invested  with  power  to  legislate  for  us  in  all  cases  whatsoever. 

He  has  abdicated  government  here,  by  declaring  us  out  of  his 
protection,  and  waging  war  against  us. 

He  has  plundered  our  seas,  ravaged  our  coasts,  burnt  our  towns, 
and  destroyed  the  lives  of  our  people. 

He  is,  at  this  time,  transporting  large  armies  of  foreign  mer- 
cenaries to  complete  the  works  of  death,  desolation,  and  tyranny 
already  begun  with  circumstances  of  cruelty  and  perfidy  scarcely 
paralleled  in  the  most  barbarous  ages,  and  totally  unworthy  the 
head  of  a  civilized  nation. 

He  has  constrained  our  fellow-citizens,  taken  captive  on  the 
high  seas,  to  bear  arms  against  their  country,  to  become  the  exe- 
cutioners of  their  friends  and  brethren,  or  to  fall  themselves  by 
their  hands. 

He  has  excited  domestic  insurrection  amongst  us,  and  has  en- 


THE   DECLARATION   OF   INDEPENDENCE.          305 

deavored  to  bring  on  the  inhabitants  of  our  frontiers  the  merciless 
Indian  savages,  whose  known  rule  of  warfare  is  an  undistinguished 
destruction  of  all  ages,  sexes,  and  conditions. 

In  every  stage  of  these  oppressions,  we  have  petitioned  for  re- 
dress, in  the  most  humble  terms;  our  repeated  petitions  have  been 
answered  only  by  repeated  injury.  A  prince  whose  character  is 
thus  marked  by  every  act  which  may  define  a  tyrant  is  unfit  to  be 
the  ruler  of  a  free  people. 

Nor  have  we  been  wanting  in  attention  to  our  British  brethren. 

We  have  warned  them,  from  time  to  time,  of  attempts  made  by 
their  legislature  to  extend  an  unwarrantable  jurisdiction  over  us. 
We  have  reminded  them  of  the  circumstances  of  our  emigration 
and  settlement  here.  We  have  appealed  to  their  native  justice 
and  magnanimity;  and  we  have  conjured  them,  by  the  ties  of  our 
common  kindred,  to  disavow  these  usurpations,  which  would  in- 
evitably interrupt  our  connections  and  correspondence.  They,  too, 
have  been  deaf  to  the  voice  of  justice  and  of  consanguinity.  We 
must  therefore  acquiesce  in  the  necessity  which  denounces  our 
separation,  and  hold  them,  as  we  hold  the  rest  of  mankind,  enemies 
in  war,  in  peace,  friends. 

We,  therefore,  the  representatives  of  the  UNITED  STATES  OF 
AMERICA,  in  GENERAL  CONGRESS  assembled,  appealing  to  the 
Supreme  Judge  of  the  world  for  the  rectitude  of  our  intentions, 
do,  in  the  name  and  by  the  authority  of  the  good  people  of  these 
colonies,  solemnly  publish  and  declare,  That  these  United  Colonies 
are,  and  of  right  ought  to  be,  free  and  independent  States;  that  they 
are  absolved  from  all  allegiance  to  the  British  crown;  and  that  all 
political  connection  between  them  and  the  state  of  Great  Britain 
is  and  ought  to  be  totally  dissolved;  and  that,  as  FREE  AND  IN- 
DEPENDENT STATES,  they  have  full  power  to  levy  war,  conclude 
peace,  contract  alliances,  establish  commerce,  and  to  do  all  other 
acts  and  things  which  INDEPENDENT  STATES  may  of  right  do. 
And  for  the  support  of  this  declaration,  with  a  firm  reliance  on 
the  protection  of  DIVINE  PROVIDENCE,  we  mutually  pledge  to 
each  other,  our  lives,  our  fortunes,  and  our  sacred  honor. 


THE    CONSTITUTION    OF    THE    UNITED 
STATES. 

WE,  the  people  of  the  United  States,  in  order  to  form  a  more 
perfect  union,  establish  justice,  insure  domestic  tranquillity,  pro- 
vide for  the  common  defence,  promote  the  general  welfare,  and 
secure  the  blessings  of  liberty  to  ourselves  and  our  posterity,  do 
ordain  and  establish  this  CONSTITUTION  FOR  THE  UNITED  STATES 
OF  AMERICA. 

ARTICLE  I. 

SECTION  1.  All  legislative  powers  herein  granted  shall  be  vested 
in  a  Congress  of  the  United  States,  which  shall  consist  of  a  senate, 
and  house  of  representatives. 

SECT.  2.  The  house  of  representatives  shall  be  composed  of 
members  chosen  every  second  year  by  the  people  of  the  several 
States ;  and  the  electors  in  each  State  shall  have  the  qualifications 
requisite  for  electors  of  the  most  numerous  branch  of  the  State 
legislature. 

No  person  shall  be  a  representative  who  shall  not  have  attained 
to  the  age  of  twenty-five  years,  and  been  seven  years  a  citizen  of 
the  United  States,  and  who  shall  not,  when  elected,  be  an  inhabit- 
ant of  that  State  in  which  he  shall  be  chosen. 

Representatives  and  direct  taxes  shall  be  apportioned  among  the 
several  States  which  may  be  included  within  this  Union,  according 
to  their  respective  numbers,  which  shall  be  determined  by  adding 
to  the  whole  number  of  free  persons,  including  those  bound  to 
service  for  a  term  of  years,  and  excluding  Indians  not  taxed, 
three-fifths  of  all  other  persons.  The  actual  enumeration  shall  be 
made  within  three  years  after  the  first  meeting  of  the  Congress  of 
the  United  States,  and  within  every  subsequent  term  of  ten  years, 
in  such  manner  as  they  shall  by  law  direct.  The  number  of  repre- 


CONSTITUTION  OF  THE  UNITED  STATES.          307 

sentatives  shall  not  exceed  one  for  every  thirty  thousand;  but  each 
State  shall  have  at  least  one  representative;  and,  until  such  enu- 
meration shall  be  made,  the  State  of  New  Hampshire  shall  be 
entitled  to  choose  three,  Massachusetts  eight,  Rhode  Island  and 
Providence  Plantations  one,  Connecticut  five,  New  York  six,  New 
Jersey  four,  Pennsylvania  eight,  Delaware  one,  Maryland  six, 
Virginia  ten,  North  Carolina  five,  South  Carolina  five,  and  Georgia 
three. 

When  vacancies  happen  in  the  representation  from  any  State, 
the  executive  authority  thereof  shall  issue  writs  of  election  to  fill 
such  vacancies. 

The  house  of  representatives  shall  choose  their  speaker  and  other 
officers,  and  shall  have  the  sole  power  of  impeachment. 

SECT.  3.  The  senate  of  the  United  States  shall  be  composed  of 
two  senators  from  each  State,  chosen  by  the  legislature  thereof, 
for  six  years;  and  each  senator  shall  have  one  vote. 

Immediately  after  they  shall  be  assembled  in  consequence  of  the 
first  election,  they  shall  be  divided,  as  equally  as  may  be,  into 
three  classes.  The  seats  of  the  senators  of  the  first  class  shall  be 
vacated  at  the  expiration  of  the  second  year;  of  the  second  class,  at 
the  expiration  of  the  fourth  year;  and  of  the  third  class,  at  the 
expiration  of  the  sixth  year;  so  that  one-third  maybe  chosen  every 
second  year;  and  if  vacancies  happen,  by  resignation  or  otherwise, 
during  the  recess  of  the  legislature  of  any  State,  the  executive 
thereof  may  make  temporary  appointments  until  the  next  meeting 
of  the  legislature,  which  shall  then  fill  such  vacancies. 

No  person  shall  be  a  senator  who  shall  not  have  attained  to  the 
age  of  thirty  years,  and  been  nine  years  a  citizen  of  the  United 
States,  and  who  shall  not,  when  elected,  be  an  inhabitant  of  that 
State  for  which  he  shall  be  chosen. 

The  vice-president  of  the  United  States  shall  be  president 
of  the  senate,  but  shall  have  no  vote  unless  they  be  equally 
divided. 

The  senate  shall  choose  their  other  officers,  and  also  a  president 
pro  tempore,  in  the  absence  of  the  vice-president,  or  when  he  shall 
exercise  the  office  of  president  of  the  United  States. 

The  senate  shall  have  the  sole  power  to  try  all  impeachments ; 
when  sitting  for  that  purpose,  they  shall  be  on  oath  or  affirmation. 
When  the  president  of  the  United  States  is  tried,  the  chief  justice 


308     CIVIL  GOVERNMENT  IN  THE   UNITED  STATES. 

shall  preside ;  and  no  person  shall  be  convicted  without  the  con- 
currence of  two-thirds  of  the  members  present. 

Judgment,  in  cases  of  impeachment,  shall  not  extend  further 
than  to  removal  from  office,  and  disqualification  to  hold  and  enjoy 
any  office  of  honor,  trust,  or  profit,  under  the  United  States ;  but 
the  party  convicted  shall  nevertheless  be  liable  and  subject  to 
indictment,  trial,  judgment,  and  punishment  according  to  law. 

SECT.  4.  The  times,  places,  and  manner  of  holding  elections  for 
senators  and  representatives  shall  be  prescribed  in  each  State  by 
the  legislature  thereof ;  but  the  Congress  may  at  any  time,  by  law, 
make  or  alter  such  regulations,  except  as  to  the  places  of  choosing 
senators. 

The  Congress  shall  assemble  at  least  once  in  every  year  ;  and 
such  meeting  shall  be  on  the  first  Monday  in  December,  unless 
they  shall  by  law  appoint  a  different  day. 

SECT.  5.  Each  house  shall  be  the  judge  of  the  elections,  returns, 
and  qualifications  of  its  own  members ;  and  a  majority  of  each 
shall  constitute  a  quorum  to  do  business ;  but  a  smaller  number 
may  adjourn  from  day  to  day,  and  may  be  authorized  to  compel 
the  attendance  oj:  absent  members,  in  such  manner,  and  under 
such  penalties,  as  each  house  may  provide. 

Each  house  may  determine  the  rules  of  its  proceedings,  punish 
its  members  for  disorderly  behavior,  and,  with  the  concurrence  of 
two-thirds,  expel  a  member. 

Each  house  shall  keep  a  journal  of  its  proceedings,  and  from 
time  to  time  publish  the  same,  excepting  such  parts  as  may  in 
their  judgment  require  secrecy;  and  the  yeas  and  nays  of  the 
members  of  either  house  on  any  question  shall,  at  the  desire  of 
one-fifth  of  those  present,  be  entered  on  the  journal. 

Neither  house,  during  the  session  of  Congress,  shall,  without  the 
consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to  any 
other  place  than  that  in  which  the  two  houses  shall  be  sitting. 

SECT.  6.  The  senators  and  representatives  shall  receive  a  com- 
pensation for  their  services,  to  be  ascertained  by  law,  and  paid  out 
of  the  treasury  of  the  United  States.  They  shall  in  all  cases 
except  treason,  felony,  and  breach  of  the  peace,  be  privileged  from 


CONSTITUTION   OF  THE  UNITED   STATES.  309 

arrest  during  their  attendance  at  the  session  of  their  respective 
houses,  and  in  going  to  and  returning  from  the  same ;  and  for  any 
speech  or  debate  in  either  house  they  shall  not  be  questioned  in 
any  other  place. 

No  senator  or  representative  shall,  during  the  time  for  which  he 
was  elected,  be  appointed  to  any  civil  office  under  the  authority  of 
the  United  States,  which  shall  have  been  created,  or  the  emolu- 
ments whereof  shall  have  been  increased,  during  such  time ;  and 
no  person  holding  any  office  under  the  United  States  shall  be  a 
member  of  either  house  during  his  continuance  in  office. 

SECT.  7.  All  bills  for  raising  revenue  shall  originate  in  the 
house  of  representatives ;  but  the  senate  may  propose  or  concur 
with  amendments,  as  on  other  bills. 

Every  bill  which  shall  have  passed  the  house  of  representatives 
and  the  senate,  shall,  before  it  become  a  law,  be  presented  to  the 
president  of  the  United  States;  if  he  approve,  he  shall  sign  it; 
but,  if  not,  he  shall  return  it,  with  his  objections,  to  that  house  in 
which  it  shall  have  originated,  who  shall  enter  the  objections  at 
large  on  their  journal,  and  proceed  to  reconsider  it.  If,  after  such 
reconsideration,  two-thirds  of  that  house  shall  agree  to  pass  the 
bill,  it  shall  be  sent,  together  with  the  objections,  to  the  other 
house,  by  which  it  shall  likewise  be  reconsidered;  and,  if  approved 
by  two-thirds  of  that  house,  it  shall  become  a  law.  But  in  all 
such  cases  the  votes  of  both  houses  shall  be  determined  by  yeas 
and  nays ;  and  the  names  of  the  persons  voting  for  and  against  the 
bill  shall  be  entered  on  the  journal  of  each  house  respectively. 
If  any  bill  shall  not  be  returned  by  the  president  within  ten  days 
(Sundays  excepted)  after  it  shall  have  been  presented  to  him,  the 
same  shall  be  a  law,  in  like  manner  as  if  he  had  signed  it,  unless 
the  Congress,  by  their  adjournment,  prevent  its  return,  in  which 
case  it  shall  not  be  a  law. 

Every  order,  resolution,  or  vote,  to  which  the  concurrence  of  the 
senate  and  house  of  representatives  may  be  necessary  (except  on  a 
question  of  adjournment),  shall  be  presented  to  the  president  of 
the  United  States,  and,  before  the  same  shall  take  effect,  shall  be 
approved  by  him;  or,  being  disapproved  by  him,  shall  be  re-passed 
by  two-thirds  of  the  senate  and  house  of  representatives,  according 
to  the  rules  and  limitations  prescribed  in  the  case  of  a  bill. 


310    CIVIL  GOVERNMENT  IN  THE  UNITED  STATES. 

mtm  j 

SECT.  8.  The  Congress  shall  have  power  to  lay  and  collect 
taxes,  duties,  imposts,  and  excises,  to  pay  the  debts  and  provide  for 
the  common  defence  and  general  welfare  of  the  United  States ; 
but  all  duties,  imposts,  and  excises  shall  be  uniform  throughout 
the  United  States  :  to  borrow  money  on  the  credit  of  the  United 
^States:  to  regulate  commerce  with  foreign  nations  and  among 
the  several  States,  and  with  the  Indian  tribes:  to  establish  an 
uniform  rule  of  naturalization,  and  uniform  laws  on  the  subject  _ 

bankruptcies  throughout  the  United  ^States :  to  coin  money^j^ 
regulate  the  value  thereof  and  of  foreignj&oin,  and  fix  the  standard 
of  weights  and.  measures :  to  provide  for  the  punishment  of 
^^counterfeiting  the  securities  and  current  coin  of  the  United  States : 
to  establish  post  offices  and  post  roads:  to  promote  the  prog- 
ress of  science  and  useful  arts,  by  securing,  for  limited  times,  to 
authors  and  inventors,  the  exclusive  right  to  their  respective 
writings  and  discoveries:  to  constitute  tribunals  inferior  to  the 
supreme  court:  to  define  and  punish  piracies  and  felonies  com- 
mitted on  the  high  seas,  and  offences  against  the  law  of  nations  : 
to  declare  war,  grant  letters  of  marque  and  reprisal,  and  make 
rules  concerning  captures  on  land  and  water:  to  raise  and  sup- 
port armies ;  but  no  appropriation  of  money  to  that  use  shall  be 
for  a  longer  term  than  two  years:  to  provide  and  maintain  a 
navy:  to  make  rules  for  the  government  and  regulation  of  the 
land  and  naval  forces  :  to  provide  for  calling  forth  the  militia 
to  execute  the  laws  of  the  Union,  suppress  insurrections,  and  repel 
invasions :  to  provide  for  organizing,  arming,  and  disciplining 
the  militia,  and  for  governing  such  part  of  them  as  may  be 
employed  in  the  service  of  the  United  States ;  reserving  to  the 
States  respectively  the  appointment  of  the  officers,  and  the 
authority  of  training  the  militia  according  to  the  discipline  pre- 
scribed by  Congress :  to  exercise  exclusive  legislation  in  all  cases 
whatsoever  over  such  district  (not  exceeding  ten  miles  square) 
as  may  by  cession  of  particular  States,  and  the  acceptance  of  Con- 
gress, become  the  seat  of  the  government  of  the  United  States ; 
and  to  exercise  like  authority  over  all  places  purchased  by  the 
consent  of  the  legislature  of  the  State  in  which  the  same  shall  be, 
for  the  erection  of  forts,  magazines,  arsenals,  dockyards,  and  other 
needful  buildings :  and  to  make  all  laws  which  shall  be  necessary 
and  proper  for  carrying  into  execution  the  foregoing  powers,  and 


CONSTITUTION  OP  THE  UNITED  STATES.  311 

all  other  powers  vested  by  this  Constitution  in  the  government  of 
the  United  States,  or  in  any  department  or  officer  thereof. 

SECT.  9.  The  migration  or  importation  of  such  persons  as  any 
of  the  States  now  existing  shall  think  proper  to  admit  shall  not  be 
prohibited  by  the  Congress  prior  to  the  year  one  thousand  eight 
hundred  and  eight  ;  but  a  tax  or  duty  may  be  imposed  on  such 
importation,  not  exceeding  ten  dollars  for  each  person. 

The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, unless  when,  in  cases  of  rebellion  or  invasion,  the  public 
safety  may  require  it. 

No  bill  of  attainder,  or  ex  post  facto  law,  shall  be  passed. 

No  capitation  or  other  direct  tax  shall  be  laid,  unless  in  propor- 
tion to  the  census,  or  enumeration,  herein  before  directed  to  be 
taken. 

No  tax  or  duty  shall  be  laid  on  articles  exported  from  any  State. 

No  preference  shall  be  given,  by  any  regulation  of  commerce  or 
revenue,  to  the  ports  of  one  State  over  those  of  another;  nor  shall 
vessels  bound  to  or  from  one  State  be  obliged  to  enter,  clear,  or 
pay  duties  in  another. 

No  money  shall  be  drawn  from  the  treasury  but  in  consequence 
of  appropriations  made  by  law;  and  a  regular  statement  and  ac- 
count of  the  receipts  and  expenditures  of  all  public  money  shall  be 
published  from  time  to  time. 

No  title  of  nobility  shall  be  granted  by  the  United  States  ;  and 
no  person  holding  any  office  of  profit  or  trust  under  them  shall, 
without  the  consent  of  the  Congress,  accept  of  any  present,  emolu- 
ment, office,  or  title,  of  any  kind  whatever,  from  any  king,  prince, 
or  foreign  state. 

SECT.  10.  No  State  shall  enter  into  any  treaty,  alliance,  or  con- 
federation; grant  letters  of  marque  and  reprisal;  coin  money;  emit 
bills  of  credit;  make  any  thing  but  gold  and  silver  coin  a  tender  iu 
payment  of  debts;  pass  any  bill  of  attainder,  ex  post  facto  law,  or 
law  impairing  the  obligation  of  contracts;  or  grant  any  title  of 
nobility.  No  State  shall,  without  the  consent  of  the  Congress,  lay 
any  imposts,  or  duties,  on  imports  or  exports,  except  what  may  be 
absolutely  necessary  for  executing  its  inspection  laws;  and  the  net 
produce  of  all  duties  and  imposts,  laid  by  any  State  on  imports  or 


312    CIVIL  GOVERNMENT  IN   THE   UNITED   STATES. 

exports,  shall  be  for  the  use  of  the  treasury  of  the  United  States; 
and  all  such  laws  shall  be  subject  to  the  revision  and  control  of  the 
Congress.  No  State  shall,  without  the  consent  of  Congress,  lay 
any  duty  of  tonnage,  keep  troops,  or  ships  of  war,  in  time  of  peace, 
enter  into  any  agreement  or  compact  with  another  State  or  with  a 
foreign  power,  or  engage  in  war,  unless  actually  invaded,  or  in 
such  imminent  danger  as  will  not  admit  of  delay. 

ARTICLE  II. 

SECTION  1.  The  executive  power  shall  be  vested  in  a  President 
of  the  United  States  of  America.  He  shall  hold  his  office  during 
the  term  of  four  years;  and,  together  with  the  Vice-President, 
chosen  for  the  same  term,  be  elected  as  follows  :  — 

Each  State  shall  appoint,  in  such  manner  as  the  legislature 
thereof  may  direct,  a  number  of  electors  equal  to  the  whole 
number  of  senators  and  representatives  to  which  the  State  may  be 
entitled  in  the  Congress;  but  no  senator  or  representative,  or  per- 
son holding  an  office  of  trust  or  profit  under  the  Uuited  States, 
shall  be  appointed  an  elector. 

The  electors  shall  meet  in  their  respective  States,  and  vote  by 
ballot  for  two  persons,  of  whom  one,  at  least,  shall  not  be  an  inhab- 
itant of  the  same  State  with  themselves :  and  they  shall  make  a 
list  of  all  the  persons  voted  for,  and  of  the  number  of  votes  for 
each,  which  list  they  shall  sign  and  certify,  and  transmit,  sealed, 
to  the  seat  of  the  government  of  the  United  States,  directed  to  the 
president  of  the  senate.  The  president  of  the  senate  shall  in  the 
presence  of  the  senate,  and  house  of  representatives,  open  all 
the  certificates;  and  the  votes  shall  then  be  counted.  The  person 
having  the  greatest  number  of  votes  shall  be  the  president,  if  such 
number  be  a  majority  of  the  whole  number  of  electors  appointed; 
and  if  there  be  more  than  one  who  have  such  majority,  and  have 
an  equal  number  of  votes,  then  the  house  of  representatives  shall 
immediately  choose  by  ballot  one  of  them  for  president;  and,  if  no 
person  have  a  majority,  then,  from  the  five  highest  on  the  list,  the 
said  house  shall,  in  like  manner,  choose  the  president:  but,  in 
choosing  the  president,  the  votes  shall  be  taken  by  States,  the  rep- 
resentation from  each  State  having  one  vote;  a  quorum  for  this 
purpose  shall  consist  of  a  member  or  members  from  two-thirds  of 


CONSTITUTION  OF  THE  UNITED  STATES.  313 

the  States;  and  a  majority  of  all  the  States  shall  be  necessary  to  a 
choice.  In  every  case,  after  the  choice  of  the  president,  the  person 
having  the  greatest  number  of  votes  of  the  electors  shall  be  the 
vice-president.  But,  if  there  should  remain  two  or  more  who  have 
equal  votes,  the  senate  shall  choose  from  them,  by  ballot,  the  vice- 
president.  [See  Amendments,  Article  XII.] 

The  Congress  may  determine  the  time  of  choosing  the  electors, 
and  the  day  on  which  they  shall  give  their  votes;  which  day  shall 
be  the  same  throughout  the  United  States. 

No  person,  except  a  natural  born  citizen,  or  a  citizen  of  the 
United  States  at  the  time  of  the  adoption  of  this  Constitution, 
shall  be  eligible  to  the  office  of  president;  neither  shall  any  person 
be  eligible  to  that  office,  who  shall  not  have  attained  to  the  age  of 
thirty-five  years,  and  been  fourteen  years  a  resident  within  the 
United  States. 

In  case  of  removal  of  the  president  from  office,  or  of  his  death, 
resignation,  or  inability  to  discharge  the  powers  and  duties  of  the 
said  office,  the  same  shall  devolve  on  the  vice-president;  and  the 
Congress  may  by  law  provide  for  the  case  of  removal,  death,  resig- 
nation, or  inability  both  of  the  president  and  vice-president,  de- 
claring what  officer  shall  then  act  as  president;  and  such  officer 
shall  act  accordingly,  until  the  disability  be  removed,  or  a  presi- 
dent shall  be  elected. 

The  president  shall,  at  stated  times,  receive  for  his  services  a 
compensation,  which  shall  neither  be  increased  nor  diminished 
during  the  period  for  which  he  shall  have  been  elected  ;  and  he 
shall  not  receive,  within  that  period,  any  other  emolument  from 
the  United  States,  or  any  of  them. 

Before  he  enter  on  the  execution  of  his  office,  he  shall  take  the 
following  oath  or  affirmation  :  — 

"  I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  execute 
the  office  of  President  of  the  United  States,  and  will,  to  the  best  of 
my  ability,  preserve,  protect,  and  defend  the  Constitution  of  the 
United  States." 

SECT.  2.  The  president  shall  be  commander-in-chief  of  the  army 
and  navy  of  the  United  States,  and  of  the  militia  of  the  several 
States,  when  called  into  the  actual  service  of  the  United  States. 
He  may  require  the  opinion,  in  writing,  of  the  principal  officer  in 


314    CIVIL  GOVERNMENT  IN   THE  UNITED   STATEis 

each  of  the  executive  departments,  upon  any  subject  relating  to 
the  duties  of  their  respective  offices;  and  he  shall  have  power  to 
grant  reprieves  and  pardons  for  offences  against  the  United  States, 
except  in  cases  of  impeachment. 

He  shall  have  power,  by  and  with  the  advice  and  consent  of  the 
senate,  to  make  treaties,  provided  two-thirds  of  the  senators  pres- 
ent concur;  and  he  shall  nominate,  and,  by  and  with  the  advice 
and  consent  of  the  senate,  shall  appoint,  ambassadors,  other  public 
ministers  and  consuls,  judges  of  the  supreme  court,  and  all  other 
officers  of  the  United  States  whose  appointments  are  not  herein 
otherwise  provided  for,  and  which  shall  be  established  by  law;  but 
the  Congress  may  by  law  vest  the  appointment  of  such  inferior 
officers  as  they  think  proper,  in  the  president  alone,  in  the  courts 
of  law,  or  in  the  heads  of  departments. 

The  president  shall  have  power  to  fill  up  all  vacancies  that  may 
happen  during  the  recess  of  the  senate,  by  granting  commissions 
which  shall  expire  at  the  end  of  their  next  session. 

SECT.  3.  He  shall,  from  time  to  time,  give  to  the  Congress  infor- 
mation of  the  state  of  the  Union,  and  recommend  to  their  con- 
sideration such  measures  as  he  shall  judge  necessary  and 
expedient;  he  may,  on  extraordinary  occasions,  convene  both 
nouses,  or  either  of  them,  and  in  case  of  disagreement  between 
them,  with  respect  to  the  time  of  adjournment,  he  may  adjourn 
them  to  such  time  as  he  shall  think  proper;  he  shall  receive 
ambassadors  and  other  public  ministers ;  he  shall  take  care  that 
the  laws  be  faithfully  executed,  and  shall  commission  all  the  offi- 
cers of  the  United  States. 

SECT.  4.  The  president,  vice-president,  and  all  civil  officers  of 
the  United  States,  shall  be  removed  from  office  on  impeachment 
for,  and  conviction  of,  treason,  bribery,  or  other  high  crimes  and 
misdemeanors. 

ARTICLE  HI. 

SECTION  1.  The  judicial  power  of  the  United  States  shall  be 
vested  in  one  supreme  court,  and  in  such  inferior  courts  as  the 
Congress  may,  from  time  to  time,  ordain  and  establish.  The 
judges,  both  of  the  supreme  and  inferior  courts,  shall  hold  their 
offices  during  good  behavior,  and  shall,  at  stated  times,  receive  for 


CONSTITUTION  OF  THE   UNITED   STATES.  815 

their  services  a  compensation,  which  shall  not  be  diminished  dur- 
ing their  continuance  in  office. 

SECT.  2.  The  judicial  power  shall  extend  to  all  cases  in  law 
and  equity,  arising  under  this  Constitution,  the  laws  of  the  United 
States,  and  treaties  made,  or  which  shall  be  made,  under  their 
authority ;  to  all  cases  affecting  ambassadors,  other  public  minis- 
ters, and  consuls  ;  to  all  cases  of  admiralty  and  maritime  jurisdic- 
tion ;  to  controversies  to  which  the  United  States  shall  be  a  party ; 
to  'controversies  between  two  or  more  States ;  between  a  State, 
and  citizens  of  another  State;  between  citizens  of  different  States; 
between  citizens  of  the  same  State  claiming  lands  under  grants  of 
different  States ;  and  between  a  State,  or  the  citizens  thereof,  and 
foreign  states,  citizens,  or  subjects.  [See  Amendments,  Article  XL] 

In  all  cases  affecting  ambassadors,  other  public  ministers,  and 
consuls,  and  those  in  which  a  State  shall  be  a  party,  the  supreme 
court  shall  have  original  jurisdiction.  In  all  the  other  cases 
before  mentioned,  the  supreme  court  shall  have  appellate  juris- 
diction, both  as  to  law  and  fact,  with  such  exceptions  and  under 
such  regulations  as  the  Congress  shall  make. 

The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall 
be  by  jury ;  and  such  trial  shall  be  held  in  the  State  where  the  said 
crimes  shall  have  been  committed ;  but,  when  not  committed  within 
any  State,  the  trial  shall  be  at  such  place  or  places  as  the  Con- 
gress may  by  law  have  directed. 

SECT.  3.  Treason  against  the  United  States  shall  consist  only  ia 
levying  war  against  them,  or  in  adhering  to  their  enemies,  giving 
them  aid  and  comfort.  No  person  shall  be  convicted  of  treason, 
unless  on  the  testimony  of  two  witnesses  to  the  same  overt  act,  or 
on  confession  in  open  court. 

The  Congress  shall  have  power  to  declare  the  punishment  of 
treason ;  but  no  attainder  of  treason  shall  work  corruption  of  blood, 
or  forfeiture,  except  during  the  life  of  the  person  attainted, 

ARTICLE  IV. 

SECTION  1.  Full*  faith  and  credit  shall  be  given  in  each  State  to 
the  public  acts,  records,  and  judicial  proceedings  of  every  other 


316     CIVIL  GOVERNMENT  IN  THE  UNITED  STATES. 

State  ;  and  the  Congress  may,  by  general  laws,  prescribe  the  man- 
ner in  which  such  acts,  records,  and  proceedings  shall  be  proved, 
and  the  effect  thereof. 

SECT.  2.  The  citizens  of  each  State  shall  be  entitled  to  all 
privileges  and  immunities  of  citizens  in  the  several  States. 

A  person  charged  in  any  State  with  treason,  felony,  or  other 
crime,  who  shall  flee  from  justice,  and  be  found  in  another  State, 
shall,  on  demand  of  the  executive  authority  of  the  State  from 
which  he  fled,  be  delivered  up,  to  be  removed  to  the  State  having 
jurisdiction  of  the  crime. 

No  person  held  to  service  or  labor  in  one  State,  under  the  laws 
thereof,  escaping  into  another,  shall,  in  consequence  of  any  law  or 
regulation  therein,  be  discharged  from  such  service  or  labor ;  but 
shall  be  delivered  up  on  claim  of  the  party  to  whom  such  service 
or  labor  may  be  due. 

SECT.  3.  New  States  may  be  admitted  by  the  Congress  into  this 
Union ;  but  no  new  State  shall  be  formed  or  erected  within  the 
jurisdiction  of  any  other  State,  nor  any  State  be  formed  by  the 
junction  of  two  or  more  States  or  parts  of  States,  without  the  con- 
sent of  the  legislatures  of  the  States  concerned,  as  well  as  of  the 
Congress. 

The  Congress  shall  have  power  to  dispose  of,  and  make  all  need- 
ful rules  and  regulations  respecting,  the  territory  or  other  property 
belonging  to  the  United  States ;  and  nothing  in  this  Constitution 
shall  be  so  construed  as  to  prejudice  any  claims  of  the  United 
States  or  of  any  particular  State. 

SECT.  4.  The  United  States  shall  guarantee  to  every  State  in 
this  Union  a  republican  form  of  government;  and  shall  protect 
each  of  them  against  invasion,  and  on  application  of  the  legisla- 
ture, or  of  the  executive  (when  the  legislature  cannot  be  con- 
vened), against  domestic  violence. 

ARTICLE  V. 

The  Congress,  whenever  two-thirds  of  both  ttouses  shall  deem  it 
necessary,  shall  propose  amendments  to  this  Constitution,  or,  on  the 


CONSTITUTION  OF  THE  UNITED  STATES.  317 

application  of  the  legislatures  of  two-thirds  of  the  several  States, 
shall  call  a  convention  for  proposing  amendments ;  which,  in  either 
case,  shall  be  valid  to  all  intents  and  purposes,  as  part  of  this  Con- 
stitution, when  ratified  by  the  legislatures  of  three-fourths  of  the 
several  States,  or  by  conventions  in  three-fourths  thereof,  as  the 
one  or  the  other  mode  of  ratification  may  be  proposed  by  the  Con- 
gress ;  provided,  that  no  amendment  which  may  be  made  prior  to 
the  year  one  thousand  eight  hundred  and  eight,  shall,  in  any  man- 
ner, affect  the  first  and  fourth  clauses  in  the  ninth  section  of  the 
first  article;  and  that  no  State,  without  its  consent,  shall  be 
deprived  of  its  equal  suffrage  in  the  senate. 

ARTICLE  VL 

All  debts  contracted,  and  engagements  entered  into  before  the 
adoption  of  this  Constitution,  shall  be  as  valid  against  the  United 
States  under  this  Constitution,  as  under  the  confederation. 

This  Constitution,  and  the  laws  of  the  United  States  which  shall 
be  made  in  pursuance  thereof,  and  all  treaties  made,  or  which 
shall  be  made,  under  the  authority  of  the  United  States,  shall  be 
the  supreme  law  of  the  land;  and  the  judges  in  every  State  shall 
be  bound  thereby,  any  thing  in  the  constitution  or  laws  of  any 
State  to  the  contrary  notwithstanding. 

The  senators  and  representatives  before  mentioned,  and  the 
members  of  the  several  State  legislatures,  and  all  executive  and 
judicial  officers,  both  of  the  United  States  and  of  the  several 
States,  shall  be  bound,  by  oath  or  affirmation,  to  support  this  Con- 
stitution ;  but  no  religious  test  shall  ever  be  required  as  a  quali- 
fication to  any  office  or  public  trust  under  the  United  States. 


ARTICLE  VII. 

The  ratification  of  the  conventions  of  nine  States  shall  be  suffi- 
cient for  the  establishment  of  this  Constitution,  between  the  States 
so  ratifying  the  same. 

27* 


AMENDMENTS. 

ARTICLE  I. 

Congress  shall  make  no  law  respecting  an  establishment  of 
religion,  or  prohibiting  the  free  exercise  thereof;  or  abridging  the 
freedom  of  speech,  or  of  the  press  ;  or  the  right  of  the  people 
peaceably  to  assemble,  and  to  petition  the  government  for  a  redress 
of  grievances. 

ARTICLE  H. 

A  well-regulated  militia  being  necessary  to  the  security  of  a  free 
state,  the  right  of  the  people  to  keep  and  bear  arms  shall  not  be 
infringed. 

ARTICLE  IH. 

No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house 
without  the  consent  of  the  owner,  nor  in  time  of  war  but  in  a 
manner  to  be  prescribed  by  law. 

ARTICLE  IV. 

The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers,  and  effects,  against  unreasonable  searches  and  seizures, 
shall  not  be  violated;  and  no  warrants  shall  issue,  but  upon  prob- 
able cause,  supported  by  oath  or  affirmation,  and  particularly  de- 
scribing the  place  to  be  searched,  and  the  persons  or  things  to  be 
seized. 

ARTICLE  V. 

No  person  shall  be  held  to  answer  for  a  capital  or  otherwise 
infamous  crime,  unless  on  a  presentment  or  indictment  of  a  grand 
jury,  except  in  cases  arising  in  the  land  or  naval  forces,  or  in  the 
318 


AMENDMENTS.  319 

militia  when  in  actual  service  in  time  of  war  3?  cublic  danger; 
nor  shall  any  person  be  subject  for  the  same  offence  to  be  twice 
put  in  jeopardy  of  life  or  limb ;  nor  shall  be  compelled,  in  any 
criminal  case,  to  be  a  witness  against  himseli.  nor  De  deprived  of 
life,  liberty,  or  property,  without  due  process  of  law;  nor  shall 
private  property  be  taken  for  public  use,  without  just  compen- 
sation. 

ARTICLE  VI. 

In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right  to 
a  speedy  and  public  trial,  by  an  impartial  jury  of  the  State  and 
district  wherein  the  crime  shall  have  been  committed,  which  dis- 
trict shall  have  been  previously  ascertained  by  law;  and  to  be  in- 
formed of  the  nature  and  cause  of  the  accusation,  to  be  confronted 
with  the  witnesses  against  him,  to  have  compulsory  process  for 
obtaining  witnesses  in  his  favor,  and  to  have  the  assistance  of 
counsel  for  his  defence. 

ARTICLE  VII. 

In  suits  at  common  law,  where  the  value  in  controversy  shall 
exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be  preserved; 
and  no  fact,  tried  by  a  jury,  shall  be  otherwise  re-examined,  in 
any  court  of  the  United  States,  than  according  to  the  rules  of  the 
common  law. 

ARTICLE   VHI. 

Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed, 
nor  cruel  and  unusual  punishments  inflicted. 


ARTICLE  IX. 

The  enumeration,  in  the  Constitution,  of  certain  rights,  shall 
not  be  construed  to  deny  or  disparage  others  retained  by  the 
people. 

ARTICLE  X. 

The  powers  not  delegated  to  the  United  States  by  the  Constitu- 
tion, nor  prohibited  by  it,  to  the  States,  are  reserved  to  the  States 
respectively,  or  to  the  people. 


320     CIVIL  GOVERNMENT  IN  THE  UNITED  STATES. 


ARTICLE  XI. 

The  judicial  power  of  the  United  States  shall  not  be  construed 
to  extend  to  any  suit  in  law  or  equity,  commenced  or  prosecuted 
against  one  of  the  United  States  by  citizens  of  another  State,  or  by 
citizens  or  subjects  of  any  foreign  state. 

ARTICLE  XH. 

The  electors  shall  meet  in  their  respective  States,  and  voi^  by 
ballot  for  president  and  vice-president,  one  of  whom,  at  least,  shall 
not  be  an  inhabitant  of  the  same  State  with  themselves ;  they  shall 
name  in  their  ballots  the  person  voted  for  as  president,  and  in 
distinct  ballots  the  person  voted  for  as  vice-president;  and  they 
shall  make  distinct  lists  of  all  persons  voted  for  as  president,  and 
of  all  persons  voted  for  as  vice-president,  and  of  the  number  of 
votes  for  each;  which  lists  they  shall  sign  and  certify,  and  transmit 
sealed  to  the  seat  of  the  government  of  the  United  States,  directed 
to  the  president  of  the  senate.  The  president  of  the  senate  shall  in 
the  presence  of  the  senate,  and  house  of  representatives,  open  all 
the  certificates;  and  the  votes  shall  then  be  counted;  the  person 
having  the  greatest  number  of  votes  for  president  shall  be  the 
president,  if  such  number  be  a  majority  of  the  whole  number  of 
electors  appointed:  and,  if  no  person  have  such  majority,  then  from 
the  persons  having  the  highest  numbers,  not  exceeding  three,  on 
the  list  of  those  voted  for  as  president,  the  house  of  representatives 
shall  choose  immediately,  by  ballot,  the  president;  but,  in  choosing 
the  president,  the  votes  shall  be  taken  by  States,  the  representation 
from  each  State  having  one  vote ;  a  quorum  for  this  purpose  shall 
consist  of  a  member  or  members  from  two-thirds  of  the  States,  and 
a  majority  of  all  the  States  shall  be  necessary  to  a  choice ;  and  if 
the  house  of  representatives  shall  not  choose  a  president,  whenever 
the  right  of  choice  shall  devolve  upon  them,  before  the  fourth  day 
of  March  next  following,  then  the  vice-president  shall  act  as  presi- 
dent, as  in  the  case  of  the  death  or  other  constitutional  disability 
of  the  president. 

The  person  having  the  greatest  number  of  votes  as  vice-presi- 
dent shall  be  the  vice-president,  if  such  number  be  a  majority  of 
the  whole  number  of  electors  appointed;  and,  if  no  person  have  a 


AMENDMENTS.  321 

majority,  then,  from  the  two  highest  numbers  on  the  list,  the 
senate  shall  choose  the  vice-president;  a  quorum  for  the  purpose 
shall  consist  of  two-thirds  of  the  whole  number  of  senators;  and  a 
majority  of  the  whole  number  shall  be  necessary  to  a  choice. 

But  no  person  constitutionally  ineligible  to  the  office  of  president 
shall  be  eligible  to  that  of  vice-president  of  the  United  States. 


ARTICLE 

SECTION  1.  Neither  slavery  nor  involuntary  servitude,  except 
as  a  punishment  for  crime  whereof  the  party  shall  have  been  duly 
convicted,  shall  exist  within  the  United  States,  or  any  place  subject 
to  their  jurisdiction. 

SECT.  2.  Congress  shall  have  power  to  enforce  this  article  by 
appropriate  legislation. 

ARTICLE  XIV. 

SECTION  1.  All  persons  born  or  naturalized  in  the  United  States, 
and  subject  to  the  jurisdiction  thereof,  are  citizens  of  the  United 
States,  and  of  the  State  wherein  they  reside.  No  State  shall  make 
or  enforce  any  law  which  shall  abridge  the  privileges  or  immuni- 
ties of  citizens  of  the  United  States;  nor  shall  any  State  deprive 
any  person  of  life,  liberty,  or  property  without  due  process  of  law, 
nor  deny  to  any  person  within  its  jurisdiction  the  equal  protection 
of  the  laws. 

SECT.  2.  Representatives  shall  be  apportioned  among  the  several 
States,  according  to  their  respective  numbers,  counting  the  whole 
number  of  persons  in  each  State,  excluding  Indians  not  taxed. 
But  when  the  right  to  vote  at  any  election  for  the  choice  of  elec- 
tors for  president  and  vice-president  of  the  United  States,  repre- 
sentatives in  Congress,  the  executive  and  judicial  officers  of  a 
State,  or  the  members  of  the  legislature  thereof,  is  denied  to  any 
of  the  male  inhabitants  of  such  State,  being  twenty-one  years  of 
age,  and  citizens  of  the  United  States,  or  in  any  way  abridged, 
except  for  participation  in  rebellion  or  other  crimes,  the  basis  of 
representation  shall  be  reduced  in  the  proportion  which  the  num- 
ber of  such  male  citizens  shall  bear  to  the  whole  number  of  male 
citizens,  twenty-one  years  of  age,  in  such  State. 

SECT.  3.  No  person  shall  be  a  senator  or  representative  in  Con- 


322    CIVIL  GOVERNMENT   IN   THE  UNITED  STATES. 

gress,  or  elector  of  president  and  vice-president,  or  hold  any  office, 
civil  or  military,  under  the  United  States  or  under  any  State,  who 
having  previously  taken  an  oath  as  a  member  of  Congress,  or  as  an 
officer  of  the  United  States,  or  as  a  member  of  any  State  legisla- 
ture, or  as  an  executive  or  judicial  officer  of  any  State,  to  support 
the  Constitution  of  the  United  States,  shall  have  engaged  in  insur- 
rection or  rebellion  against  the  same,  or  given  aid  or  comfort  to 
the  enemies  thereof.  But  Congress  may  by  a  vote  of  two-thirds 
of  each  house  remove  such  disability. 

SECT.  4.  The  validity  of  the  public  debt  of  the  United  States, 
authorized  by  law,  including  debts  incurred  for  payment  of  pen- 
sions and  bounties  for  services  in  suppressing  insurrection  or  rebel- 
lion, shall  not  be  questioned.  But  neither  the  United  States,  nor 
any  State,  shall  assume  or  pay  any  debt  or  obligation  incurred  in 
aid  of  insurrection  or  rebellion  against  the  United  States,  or  any 
claim  for  the  loss  or  emancipation  of  any  slave;  but  all  such  debts, 
obligations,  and  claims  shall  be  held  illegal  and  void. 

SECT.  5.  The  Congress  shall  have  power  to  enforce  by  appro- 
priate legislation  the  provisions  Of  this  article. 

ARTICLE  XV. 

SECTION  1.  The  right  of  citizens  of  the  United  States  to  vote 
shall  not  be  denied  or  abridged  by  the  United  States,  or  by  any 
State,  on  account  of  race,  color,  or  previous  condition  of  servitude. 

SECT.  2.  The  Congress  shall  have  power  to  enforce  this  article 
by  appropriate  legislation. 


INDEX 


INDEX. 


Absolute  governments,  25. 

Actions  at  law,  parties  to,  178;  civil, 
178, 186;  criminal,  178, 179. 

Act  of  supremacy,  63;  of  uniform- 
ity, 63. 

Administration  of  estates,  173. 

Admiralty  jurisdiction,  285. 

Admission  of  States  to  Union,  271. 

Alaska,  270. 

Albany  convention,  228. 

Aldermen,  205. 

Aliens,  46. 

Anglo  Saxons,  55. 

Appeal,  182. 

Aristocracy,  25. 

Army  of  United  States,  266. 

Arraignment,  181. 

Assessors  of  taxes,  197. 

Attachment,  186. 

Attorney-general  of  States,  167. 

Attorneys,  175. 

Auditor  of  States,  167;  of  county, 
191. 

Bankrupt  Laws,  262. 

Bill  of  Bights,  English,  68,  153;  of 
States,  152. 

Boards  and  Commissioners  in 
States,  168;  of  Equalization,  199. 

Boroughs  in  England,  59. 

Borrowing  money,  power  of  Con- 
gress, 260. 

Cabinet  officers,  280. 

California,  270. 

Carolina  colonies,  proprietors,  135; 


settlements,  135;  grand  model, 
135;  religion,  136;  elections,  136; 
royal  governments,  136. 

Caucus,  214,  215. 

Challenge  of  jurors,  184. 

Charles  I,  65,  66,  71. 

Charles  II,  67,  71,  84, 96, 113,  135. 

Checks  upon  governments,  27. 

Circuit  Courts  of  States,  172;  of 
United  States,  256. 

Citizen  defined,  46. 

City  charter,  205;  council,  206;  offi- 
cers elected,  205,  206;  solicitor, 
206;  ordinances,  207. 

Civil  liberty,  38,  40. 

Civil  war  in  England,  66 

Clerks  of  courts,  174. 

Clerk  of  township,  197. 

Coining  money  in  United  States, 
261. 

Colonial  claims,  140. 

Commerce,  power  of  Congress  con- 
cerning, 260. 

Committees  of  political  parties,  214. 

Committees  of  correspondence,  229. 

Commonwealth  in  Great  Britain, 
67,71. 

Complaint,  179. 

Confederation,  formation,  232;  na- 
ture, 233;  Congress,  233;  execu- 
tive business,  234;  finances,  234; 
defects,  234. 

Conferences,  early  colonial,  227. 

Congress,  a,  248;  colonial,  229;  con- 


326 


INDEX. 


tinental,  230,  231 ;  under  the  con- 
federation, 233. 

Congress  of  the  United  States,  243; 
general  provisions  respecting,  247 ; 
quorum,  247;  oaths,  248;  prohibi- 
tions, 248;  sessions,  248;  salary, 
249;  committees,  249;  form  acorn- 
promise,  250;  pow  rs,  258. 

Connecticut,  territc  y,  91;  colony 
founded,  92;  constitution,  92; 
town,  92;  charter,  93;  union  of 
colonies,  94;  counties,  94;  legisla- 
tion, 94;  suffrage,  94. 

Conscientious  disobedience,  47. 

Constables,  201. 

Constitution  defined,  26;  kinds, 
27. 

Constitution  of  United  States,  ori- 
gin, 237;  formation,  237;  ratifica- 
tion, 238;  objections,  238;  objects, 
239;  amendments,  272,  273. 

Consuls,  279. 

Convention  for  nominating  officers, 
214;  constitutional,  237. 

Copyrights,  264. 

Coroners,  193. 

Corporation  defined,  189. 

Costs  of  court,  182. 

Council  for  New  England,  73,  74, 
99,102. 

County  courts  in  England,  55;  his- 
tory of,  189;  definition,  189;  prop- 
erty, 190;  officers,  190;  commis- 
sioners, 190;  treasurer,  190. 

Courts  in  State,  supreme,  171;  cir- 
cuit and  district,  172;  common 
pleas,  173;  probate,  173;  justices, 
174. 

Courts  of  United  States,  supreme, 
256;  circuit,  256;  district,  257;  of 
claims,  257. 

Cromwell,  67. 

Dates  in  English  history,  70. 

Declaration  of  Independence,  20, 
140,  144,  302. 

Declaratory  resolves,  143. 


Delaware,  settled,  121;  united  to 
New  York,  121;  ceded  to  Penn., 
122. 

Delegates  from  territories,  245. 

Democracy,  24. 

Departments  of  government,  21. 

Department  of  state,  281  ;  of  war, 
282  ;  of  the  treasury,  281  ;  of  the 
navy,  382  ;  post-office,  282  ;  of  in- 
terior, 283  ;  of  justice,  283  ;  of  ag- 
riculture, 283. 

District  attorneys  of  States,  175  ; 
of  United  States,  257. 

District  of  Columbia,  268. 

Duties  of  citizens,  support,  46  ;  obe- 
dience, 47  ;  pecuniary  support, 
47  ;  defence,  48 ;  voting,  48,  49 : 
revolution,  49. 

Duties  on  imports,  259. 

Education,  public,  41 ;  in  republics, 
41. 

Edward  VI,  61,  71. 

Elections  in  States,  time,  209  ;  dis- 
tricts, 211  ;  officers,  211 ;  records 
and  returns,  212  ;  canvass,  212, 
213 ;  certificates,  213. 

Elizabeth,  Queen,  62,  64,  71. 

Eminent  domain,  37. 

English  view  of  American  claims. 
141. 

Equity  jurisdiction,  284. 

Examination  by  justice,  183. 

Exceptions,  legal,  185. 

Execution,  writ  of,  192. 

Executive  departments  in  United 
States,  280. 

Expenditures  controlled  by  Con- 
gress, 260. 

Federalist,  the,  238. 

Fence-viewers,  204. 

Feudal  system,  56,  72  ;  abuses,  67. 

Florida,  269. 

Forms  of  governments,  24. 

Freedom  of  speech,  33, 153  ;  of  the 
press,  33,  153 ;  from  search,  33, 
151. 


INDEX. 


327 


Fugitives  from  justice,  290  ;  from 
service,  290. 

Functions  of  the  government,  21. 

Georgia  granted  to  trustees,  137; 
settled,  137 ;  royal  government, 
137. 

Government  defined,  11 ;  civil,  13  ; 
necessary,  16  ;  a  trust,  17. 

Governor,  qualifications,  164  ;  veto 
power,  161  ;  power*,  165. 

Habeas  corpus,  34,  67, 140,  291. 

Health,  security  of,  33. 

Henry  VII,  60,  71,  72. 

Henry  VIII,  60,  61,  71. 

Highway  officers,  201. 

House  of  Commons,  58,  59,  65;  of 
Lords,  59,  67  ;  of  Plantagenet,  70; 
of  Lancaster  and  York,  71  ;  of 
Tudor,  71  ;  of  Stuart,  71, 141  ;  of 
Stuart  and  Nassau,  71  ;  of  Bruns- 
wick, 71. 

House  of  Representatives  of  United 
States,  members,  number,  243 : 
choice,  243  ;  apportionment,  244  ; 
term,  245  ;  qualifications,  245 ; 
officers,  245;  special  powers,  245. 

Illinois,  152,  155,  162,  164,  171,  172, 
177,  179,  183,  186,  187,  190,  191, 
196,  200, 201,  203, 204, 209,  210, 211, 
212, 213. 

Impeachment,  defined,  188 ;  in 
States,  188  ;  United  States,  sub- 
jects of,  274  ;  mode,  274  ;  trial, 
275  ;  judgment,  275. 

Independence,  thought  of,  143 ; 
proposed  by  colonies,  144 ;  reso- 
lution adopted  by  Congress,  145  ; 
declaration  adopted,  145. 

Indian  rights,  270. 

Indiana,  151,  155,  159, 161,  164, 168, 
171,  172,  174,  175,  176,  179,  183, 
184,  186,  187,  189,  191,  193,  196, 
107,  198,  201,  203,  206,  207,  208, 
209,  210,  211,  213. 

Indictment,  183. 

Fnquests,  32. 


International  relations,  43  ;  law,  43, 
44. 

Iowa,  152,  157,  165,  171,  172,  174, 
175,  177,  179,  183,  186,  190,  191, 
193,  196,  197,  199,  200,  203,  204, 
204,  207,  208,  209,  210,  212,  213. 

James  I,  65,  71,  72. 

James  II,  67,  71,  85,  115. 

Judges  in  States,  171 ;  of  United 
States  courts,  257. 

Judicial  procedure,  outline  of,  178. 

Judicial  department  of  States,  171  ; 
of  United  States,  256. 

Judicial  power  of  United  States, 
284. 

Jurisdiction,  original,  172  ;  appel- 
late, 172  ;  concurrent,  173  ;  final 
180  ;  initial,  181  ;  of  United  States 
284  ;  of  Supreme  Court,  285. 

Jury,  germ  of,  55  ;  defined,  176  ; 
list,  176  ;  trial  by,  76,  78, 153,  292  ; 
justices,  182  ;  grand,  183 ;  petit, 
184  ;  charge  to,  185  ;  verdict,  185. 

Justices  of  the  peace,  174. 

Kings  of  England,  66. 

Knights  of  the  shire,  59. 

Law  defined,  11;  made  by  courts, 
21;  statute,  22;  unwritten,  22; 
common,  23. 

Laws,  how  made  in  States,  160;  in 
Congress  of  United  States,  249. 

Legislatures  of  States,  154. 

Letter  of  marque,  266. 

Libel,  33. 

Lieutenant-governor,  166. 

London  Company,  72, 73, 130, 131. 

Long  Parliament,  66, 142. 

Louisiana,  269. 

Magna  Charta,  58, 153. 

Maine,  early  settlements,  102; under 
Gorges,  102;  relation  to  Massa- 
chusetts, 103, 104. 

Majority  rule,  29. 

Mary,  Queen,  62,  71. 

Marylaud,  charter,  124;  assembly, 
125;  representatives,  125;  judi- 


328 


INDEX. 


ciary,  126;  religious  toleration, 
126;  royal  government,  127. 
Mason  and  Dixon's  line,  122. 
Massachusetts  Bay  Company,  for- 
mation, 81;  territory,  81;  powers, 
81;  government,  81;  transfer  of 
charter,  82;  freemen,  82. 
Massachusetts  Bay  Colony,  repre- 
sentatives in,  83;  courts  estab- 
lished, 83;  towns,  83;  legislation, 
84;  demands  of  Charles  II,  84; 
royal  commissioners,  85;  exten- 
sion of  suffrage,  85;  loss  of  char- 
ter, 85;  suspension  of  popular 
government,  85;  Andros,  86;  rev- 
olution, 87;  the  province  charter, 
87. 

Mayor,  205,  206. 

Michigan,  152, 156, 159, 164, 167,  171, 
172, 177,179, 183,  186, 188, 190, 191, 
197, 198,  200,  201,  203, 209,  210, 211, 
212,  213 

Militia,  defined,  168;  enrolled,  169 ; 
active,  169;  officers,  170;  equip- 
ments, 170;  power  of  Congress  re- 
specting, 267. 

Ministers,  public,  278. 

Minnesota,  152,  158,  165,  171 
173,  178, 181, 183, 186, 187, 188,  190, 
191, 193, 196, 197, 199, 203,  205,  206, 
209,211,212,213. 

Monarchy,  24. 

Municipal  courts,  174. 

National  and  State  governments, 
relation  of,  293;  source  of  author- 
ity, 292 ;  functions,  295. 

National  supremacy,  297;  protec- 
tion, 300. 

Naturalization  in  United  States, 
262. 

Natural  liberty,  36 ;  rights,  31,  36,38. 

Navigation  acts,  142. 

Navy  of  United  States,  267. 

New  England  confederacy  founded, 
106;  nature,  106;  name,  106;  com- 
missioners, 107;  war  quotas,  107; 


LI  172,  I 

R   ion    I 


powers,  107;  articles  adopted,  1085 
dissensions,  108;  dissolution,  109; 
re-formed,  109. 

New  Hampshire  settled, 99;  united 
to  Massachusetts,  100;  made  a 
royal  province,  100;  oppressed,100; 
re-united  to  Massachusetts,  101; 
final  separation,  101. 

New  Haven  colony  founded,  92 
union  of  towns,  93;  united  to 
Connecticut,  94. 

New  Jersey  settled,  116;  govern- 
ment, 116;  divided,  117;  a  royal 
province,  118. 

New  Plymouth  subject  to  England, 
72;  granted,  72;  settlement,  74; 
character,  74;  compact,  75;  free- 
men, 75;  government,  76;  courts, 
76;  early  legislation,  76;  towns, 
76;  representatives,  77;  revised 
laws,  77;  counties,  78;  united  to 
Massachusetts,  79;  territory  on 
the  Kennebec,  102. 

New  York  settled,  111 ;  government 
by  Dutch,  111; patroons,  112;  local 
administration,  112;  conquest  by 
English,  113 ;  proprietary  govern- 
ment, 114;  assembly,  114;  charter 
of  liberties,  115;  permanent  gov- 
ernment, 115. 

Nominations  in  States,  214. 

Non-intercourse  association,  230. 

Norman  conquest,  56;  oppression, 
67;  kings,  70. 

Notary-public,  165. 

Obligations  of  the  government  to 
secure  justice,  31;  to  promote  the 
general  welfare,  40;  to  foster  in- 
dustries, 40;  to  provide  for  educa- 
tion, 41;  and  general  culture,  42; 
to  defend  the  state,  43. 

Ohio,  151,  154, 160, 164, 165,  167,  169, 
171, 172,  173, 176, 179, 180, 183, 186, 
189, 191, 193, 197, 198,  203,  206,  208, 
209,  213. 

Oligarchy,  25. 


INDEX. 


329 


Ordinance  of  1787, 150,  217,  269. 

Overseers  of  the  poor,  202. 

Parliament,  27,  69,  142. 

Patents,  264. 

Patriotism,  48. 

Penalty  for  disobeying  law,  12. 

Pennsylvania  granted  to  Penn,  121; 
settled,  122;  government,  122; 
changes  in  government,  123, 124. 

Personal  liberty,  31,  33;  security, 
31. 

Petition  of  right,  65,  68, 153. 

Pilgrim  Church,  73;  emigration,  73, 
74. 

Piracy,  265. 

Plea,  181. 

Pleading,  187. 

Plymouth  company,  72;  colony,  72. 

Political  liberty,  29;  duties,  nature 
of,  50. 

Poor,  care  of,  202. 

Popular  will,  how  expressed,  28. 

Postal  communication,  263. 

Pound-masters,  204. 

President  of  United  States,  veto 
power,  249;  term,  251;  qualifica- 
tions, 251 ;  mode  of  election,  251 ; 
electors,  251;  electoral  vote,  252; 
counting  votes,  252;  election  by 
House  of  Representatives,  252; 
original  mode  of  election,  253;  va- 
cancy in  office,  253:  new  election, 
254;  oath,  254;  salary,  254;  nom- 
ination, 255;  powers  and  duties, 
276;  as  Commander-in-chief,  276; 
respecting  pardons,  276;  treaties, 
276;  appointments,  277 ;  removals, 
278;  messages,  280. 

Private  property,  31,  35. 

Probate  court,  173. 

Probate  of  will,  173. 

Prohibitions  upon  States,  concern- 
ing foreign  relations,  286;  com- 
merce, 287;  private  rights,  287; 
freedmen,  287. 

Prosecuting  attorney,  175. 


Protestant  Reformation,  61. 

Providence  Plantation  founded,  94, 
early  government,  95. 

Province  charter  of  Massachusetts ; 
87. 

Puritan  legislation  in  Massachu- 
setts, 84. 

Puritans,  62,  63,  64,  65,66. 

Rebellion,  50;  Shay's,  240. 

Recognizance,  180. 

Recorder,  191. 

Register  of  deeds,  191. 

Religious  liberty,  35. 

Reporter  of  supreme  court,  175. 

Republic,  24. 

Restoration  of  Stuarts,  67. 

Return  of  warrant,  179. 

Revolution,  a  duty,  49;  in  England, 
68,  86;  in  Massachusetts,  87. 

Rhode  Island  Plantation,  95;  char- 
ter, 96;  not  in  confederacy,  108. 

Right  to  assemble,  33, 152;  to  peti- 
tion, 33, 152;  of  suffrage,  48. 

Rotation  in  office,  28. 

School  officers  of  townships,  203;  of 
cities,  207. 

Secretary  of  State,  166,  280. 

Security  of  life,  32;  of  travellers, 
32;  of  health,  33;  of  reputation, 
33. 

Senate  of  United  States,  members, 
number,  246;  choice,  246;  term, 
246;  qualifications,  246;  organiza- 
tion, 247;  special  powers,  247. 

Separatists,  63,  64,  73,  76. 

Sergeant-at-arms,  160. 

Settlements  in  northwest,  149. 

Sheriff,  191, 192. 

Slander,  33. 

Society  necessary,  15;  duty,  17. 

Sovereigns  of  England,  70. 

Sovereignty,  13. 

State  defined,  12;  source  of  author- 
ity, 17;  distinguished  from  the 
government,  19. 

State  rights,  protection  of,  288. 


330 


INDEX. 


States,  relation  to  each  other  re* 
specting  public  acts,  289;  citizen- 
ship, 289;  fugitives  from  justice, 
290. 

Statutes,  revision  of,  162. 

Subpoena,  186. 

Suffrage,  148. 

Summaries,  13, 18,  23,  30,  38, 44, 50, 
69,  79,  88,  98,  104,  110,  119,  127, 
138. 

Summons,  186. 

Superintendent  of  public  instruc- 
tion, 167;  of  schools,  193. 

Support  of  government,  46,  47. 

Surveyor  of  county,  193. 

Tariff,  259. 

Taxation,  37;  power  of  Congress  re- 
specting, 258. 

Taxes  in  States,  property  subject  to, 
198;  property  exempted,  198; 
property  listed,  199;  apportioned, 
200;  collection  of,  201. 

Taxes,  direct,  258;  indirect,  259. 

Territory  of  United  States  ceded  by 
States,  269;  purchased,  269;  dis- 
posal of,  270. 

Territories  organized,  270. 

Testimony  in  court,  181. 

Texas,  269. 

Titles  of  nobility,  291. 

Towns,  origin,  194;  growth  of  pow- 
ers, 195;  influence,  195. 

Township  defined,  196;  powers,  196, 
meeting,  197. 


Treason,  159,  265. 

Treasurer  of  State,  166;  of  county, 
190;  of  township,  201. 

Treaties,  276,  277. 

Union,  history  of,  227;  accom- 
plished, 231;  under  the  Constitu- 
tion, 239. 

Vacancies  in  office  during  recess  of 
Congress,  279. 

Veto-power  in  states,  161;  in  United 
States,  249.  • 

Vice-President  of  United  States, 
election,  255;  duties,  255. 

Villages,  incorporated,  208;  officers, 
208. 

Virginia  colonized,  130;  govern- 
ment by  company,  131 ;  assembly, 
131;  constitution,  132;  legislation, 
132;  local  government,  132;  a 
royal  province,  133;  counties,  133; 
aristocracy,  133. 

Voters,  29;  qualifications  in  states. 
209. 

Voting,  manner  of,  212. 

War,  power  of  Congress,  266. 

Wards,  205. 

Warrant,  179. 

Weights  and  measures,  power  of 
Congress,  respecting,  262. 

William  and  Mary,  68,  71. 

Wisconsin,  152,  157,  163,  164,  167, 
171,  172,  174,  175,  177,  183,  186, 
190, 191, 193, 196, 199, 200, 203, 200, 
210, 2ia 


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